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Case Studies: Lasting Powers of Attorney

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Read about various scenarios where we have helped our clients.

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    Our long-standing elderly client wanted some help managing her affairs.

    How we helped
    We recommended that our long-standing client make a Lasting Powers of Attorney (LPA). One of the Partners was appointed as the client’s attorney. The Partner was able to step in and assist with managing our client’s finances. This included reviewing our client’s financial situation as well as registering as an attorney with the various institutions our client had accounts with. Once we had a picture of her finances, the Partner was able to set up a care package for our client. In addition to this, we are now able to assist with our client’s day to day needs, including helping with her health and well-being by working with the carers to arrange her daily medication. 
    The outcome
    All aspects of the client’s day to day life are now managed for her, giving her security and peace of mind and with the help of daily care support. Our client knows that we are always only a phone call away should she need advice and at the same time, we know that our client’s best interests are being served. 
    Written: July 2020

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    Our client (the donor) had made an Enduring Power of Attorney (EPA) appointing her husband to be her attorney to manage her finances. She later became mentally incapable and the attorney needed to register the EPA to be able to act under it.

    How we helped
    We were instructed by the attorney to register the EPA with the Office of the Public Guardian (OPG). This was a two step-process, firstly, the donor and at least three relatives needed to be notified of the intention to register the EPA and secondly, the application needed to be submitted to the OPG.
    As the registration process takes around two months to complete, we advised the attorney on his powers, duties and responsibilities both whilst the EPA was being registered and once it had been registered. This included advice regarding acting in the best interests of the donor and in accordance with the Mental Capacity Act and Code of Practice, keeping accounts and powers in relation to making gifts.  
    The outcome
    The attorney can now make financial decisions on behalf of his wife under the registered EPA. The attorney also has a clear understanding of his role and responsibilities.
    Written: July 2020

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    Our client, an elderly gentleman, instructed us to put in place a Property and Financial Affairs Lasting Power of Attorney and a Health and Welfare Lasting Power of Attorney (LPAs).

    How we helped
    As LPAs take around 8 weeks to register with the Office of the Public Guardian (OPG) and given the current situation with COVID-19, as well as putting in place the LPAs, we also advised our client on short term measures he could put in place in the meantime. These included: 
    1. Writing down his wishes for his property and finances and health and welfare and telling his close family and friends of these so that if anyone needed to make decisions, they would be aware of his wishes.2.Putting in place a third-party bank mandate. 3. Making a General Power of Attorney which would come into effect straight away. 4. Making an Advance Decision stating his preferences for future care, as again this would come into effect straight away. 
    In addition, we also advised our client of the OPG’s new online service which lets donors and attorneys give organisations access to view an online summary of the LPAs. This is a useful tool especially in the current pandemic where going to a branch can be difficult. 
    The outcome
    Our client has peace of mind that should he become physically or mentally incapable of managing his property and finances that the people he has chosen can manage his bank accounts, pay bills, sell his home etc on his behalf. And should he lose mental capacity, then his Health and Welfare attorneys can make decisions regarding his medical care and life-sustaining treatment. 
    Written: July 2020

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    Existing clients introduced us to a neighbour of theirs, an elderly widow who had no living relatives.

    How we helped
    Whilst the client’s affairs were relatively straightforward, her Estate was quite substantial. Although she was mentally sharp, she was starting to struggle physically and she appointed one of our Solicitors as her Attorney under a Lasting Power of Attorney for Property & Financial Affairs. Her primary concern was to ensure that her significant monthly care costs could be met and her bills paid. Her affairs were reviewed and a strategy to ensure her best interests were maintained was devised.

    The client also appointed our Solicitor as her Executor, so when she died we dealt with every aspect of her Estate, including arranging the funeral and ensuring that she was buried with her late husband.

    The outcome
    We assisted the client when she was most vulnerable, during the last stages of her life, to help ensure that this was as comfortable and stress free as possible. Her Estate was wound up and her wishes carried out, with two charities significantly benefiting under the terms of her Will.
    Written: September 2020

Contact The Burnside Partnership

For more information and how we can help, please get in touch.