POWER POINTS

We talk to David Shackleton of Eccles Heddon Solicitors about Lasting Powers of Attorney

David Shackleton obtained a Masters degree in Law at Leeds Metropolitan

University and is currently a Partner and Head of the Private

Client Department at

Eccles Heddon’s Ripon office.

Most people are well aware what a will is, even if they haven’t actually got round to making one yet. Lasting powers of attorney are equally important when it comes to taking sensible precautions regarding your own and your family’s future, but are much less widely understood.

A power of attorney, explains David, is a legal mechanism that enables someone to appoint trusted family members or friends as attorneys to make decisions about important matters on their behalf should they have an accident or illness that deprives them of their mental capacity.

“There are two types of lasting power of attorney, and a person can nominate a different attorney or set of attorneys for each type. Property and financial affairs powers of attorney cover issues such as managing bank accounts, pensions, investments and property.” “Health and welfare powers of attorney cover issues such as what kind of care a person receives – for example choice of care home – and giving or refusing consent to particular kinds of medical treatment.

“Typically accidents and illnesses that make it impossible for you to handle your own affairs come out of the blue,” says David. “Suddenly you’re in the situation that your property and assets still belong to you but you’re unable to manage them yourself. A lasting power of attorney resolves the situation, but you have to set it up in advance, before you know you need it – that’s to say while you still have the mental capacity to put it in place.

“I often describe a lasting power of attorney as akin to home insurance. You set up your insurance and pay your premium, but it’s not until later on, if something goes wrong, that it proves to be worthwhile. And if it does turn out to be needed, you and your family will be jolly glad you put it in place.

“Of course it’s not necessarily a sudden event that can deprive a person of their mental capacity; it could, for example, be a progressive disease. If that’s the case then it’s very important they don’t postpone putting a power of attorney in place. Once mental capacity has waned it’s too late to start the process.”

“If a person hasn’t put a lasting power of attorney in place and loses the capacity to sign paperwork then somebody – usually a family member – will have to apply to the Court of Protection for a deputyship order. It can be a lengthy process and it’s rare for deputyships to be granted for health and welfare issues.

“The main preparation that people need to make for setting up a power of attorney through a solicitor is to select and obtain permission from suitable attorneys and to provide us with attorneys’ full names, addresses and dates of birth. Up to four attorneys can be appointed, either jointly (their decisions need to be unanimous) or jointly and severally (any one attorney, or any combination of them, can take decisions). Appointing attorneys jointly can be a problem, because if one attorney dies, for example, then that lasting power of attorney becomes null and void.

“You can also select replacement attorneys as a backup to cover situations in which attorneys are unable to act, die or lose their own mental capacity.” “Our current charges are £500 plus VAT for a single power of attorney and £600 plus VAT for two. For four – that’s to say property and financial affairs powers of attorney plus health and welfare powers of attorney for a couple – we charge £700 plus VAT. The charging structure reflects the fact that the work done to set up an initial power of attorney makes subsequent ones much quicker to produce. On top of those charges the Office of the Public Guardian charges £82 to register each document.

“From our point of view as solicitors we can usually get the work done promptly – within a week – but due to the backlog of work caused by Covid it can now take the Office of the Public Guardian about three months to register a power of attorney, rather than the two months it took before. Another reason not to delay starting off the process!”

Eccles Heddon Solicitors have offices in Bedale, Ripon and Thirsk. For more details visit eccles-heddon.co.uk

On the market

Our regular round-up of beautiful properties for sale in Yorkshire.

THE LODGE, OUTHGILL, KIRKBY STEPHEN

A cosy one bedroom barn conversion in a stunning rural location. Guide price: £225,000 Robin Jessop Ltd. 01969 622800 robinjessop.co.uk 30 PARK VIEW, LEYBURN

An immaculate two bedroom bungalow a short walk from Leyburn Market Place. Guide price: £315,000 Robin Jessop Ltd. 01969 622800 robinjessop.co.uk

PLUM TREE COTTAGE, CONSTABLE BURTON

A stunning three bedroom extended cottage with private garden & parking. Guide price range: £400,000 - £425,000 Robin Jessop Ltd. 01969 622800 robinjessop.co.uk JOHN’S STONE, HIGH ELLINGTON

A substantial four/bedroom country house with gardens & stunning views. Guide price: £565,000 Robin Jessop Ltd. 01677 425950 robinjessop.co.uk

THE CHANTRY, WEST WITTON

A Grade II listed period property with attached annexe, large gardens & 6 acres of land. Guide Price: £950,000 Robin Jessop Ltd. 01969 622800 robinjessop.co.uk FIR TREE FARM, EASBY

A desirable country residence enjoying a superb rural setting in around 35 acres. Available in two lots. Lot 1 Guide Price: £1.5M, Lot 2 Guide Price: £200,000 Robin Jessop Ltd. 01677 425950 robinjessop.co.uk

NORMAN F. BROWN

CHARTERED SURVEYORS • ESTATE AGENTS • LETTINGS Selling and letting property since 1967

The Old Brokes Farm House and Cottage, Hudswell

A spacious high quality detached rural property (EER 46) enjoying a private 4 acre site with a large one bedroom cottage/annexe (EER 60). Lovely countryside views and a range of outbuildings, conveniently located just a few miles outside of Richmond. £950,000 Richmond o ce NOCHAIN

4 Isles Cottages, Low Row

A superbly located terraced cottage. Lounge, kitchen/dining room, boiler room, bathroom/wc, 4 bedrooms, en-suite shower room/wc, south facing tiered front garden, ample parking, garage, 1/3 acre grass paddock, a section of the River Swale comprising both north and south banks. Oil fired C/H, D/G. EER E51. £475,000 Richmond O ce The Old Weslyan Chapel, Thirn

An attractive former Methodist chapel converted into a lovely 2 double bedroomed detached home with dining kitchen and sitting room to the g/f, modern bathroom to f/f. D/G, LPG fi red heating, o street parking. EER E46.

£275,000 Bedale O ce

14 Queens Rd, Richmond 01748 822473

6 Bridge Street, Bedale 01677 422282

25 Market Place, Leyburn 01969 622194

Collect your copy from:

Barkers Home Store, Northallerton Bear Cottage, Hawes Black Sheep Brewery, Masham Booths, Ripon Campbell’s of Leyburn The Co-op, Masham, Richmond and Bedale Dovetail Interiors, Bedale Fairhursts, Swinithwaite Lewis and Cooper, Northallerton Mainsgill Farm Shop, Richmond Milners of Leyburn Ripon Walled Garden The Station, Richmond Stoneygate Farm Shop, Richmond Tennants of Leyburn

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