Hello, I am Hannah Mycock and I’m a Solicitor in our Tax, Trusts and Estates team.
Have you ever noticed that Soaps often highlight important legal issues that many people come across during their lifetime? Most recently on Coronation Street, the use of Lasting Power of Attorney (LPA) has been at the forefront of the Audrey Roberts and David Platt family drama.
In the programme, Audrey’s grandson David Platt discussed making a Lasting Power of Attorney for his grandmother. He wanted to use an LPA to change Audrey’s Will, as he didn’t agree with who she had left her estate to upon her death. This was simply not be possible for a few reasons….
- Lasting Powers of Attorney can only be made by the person whom they relate to, and that person must have mental capacity at the time of creation. In Corrie, Audrey would need to create an LPA herself if she wanted one, David couldn’t do this for her.
- A Lasting Power of Attorney does not give the nominated attorneys the powers to make alterations to someone’s Will. However, specific authority can be given in an LPA to allow attorneys to look at a Will to ensure the persons wishes are being carried out and nothing is being gifted in contradiction to the Will.
A Will and an LPA are completely separate legal documents and come into effect at different times. A Lasting Power of Attorney can be used in a person’s lifetime and ends immediately on death, and a Will comes into effect upon death.
A Lasting Power of Attorney nominates people to act as your attorneys, and these people can then make decisions on your behalf as if they were you.
There are two types of Lasting Power of Attorney, one for Property & Financial Affairs, and one for your Health & Welfare. Both documents can be used by your nominated attorneys once you have lost capacity, but your Property & Financial Affairs LPA can be used before capacity is lost, but only with your express consent. This can be helpful if you have poor mobility, are ill or the weather is bad, and you cannot get out as normal.
Coronation Street’s storyline has shown that the creation and use of LPA’s is often misunderstood, and so it is important to seek quality legal advice if you are considering making LPA’s for yourself.
If you would like to discuss Lasting Powers of Attorney or Wills, please give me a call on 01663 743 344 or email me at hannah.mycock@chlsolicitors.co.uk
