Advice on protecting interests in the immediate term as well as for the future
When the COVID-19 pandemic struck, many people were concerned about whether their affairs were sufficiently in order, in case they became unwell and their health were to deteriorate quickly. Our client, an elderly gentlemen approached us for advice:
“I needed help establishing Lasting Powers of Attorney for both property and financial affairs, and health and welfare, but as the danger of COVID became ever-more apparent – I also wanted to know what I could do to ensure my interests would be protected should I fall seriously ill tomorrow.”
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:
- 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.
- Putting in place a third-party bank mandate.
- 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.