“Lasting Powers of Attorney are like home insurance – you hope they will never be needed but when they are, they make life easier”

David Edwards is a partner with Burt Brill & Cardens and an expert in Wills, LPAs and protecting family wealth. Customers of The Future Perfect Company can benefit from 10% off normal rates by emailing medwards@bbc-law.co.uk and quoting this website.

Reaching 50 is a milestone for many people. It is often the point at which an individual starts to notice the aging process and often around this time that parents and other relatives reach an age where they need help or at least want to be sure that the procedures for getting help have been put in place.

Family and friends can provide a great deal of care and support but it is best to have all the legal paperwork in place so that if a more proactive role is required, the necessary arrangements can be made.

First of all, an up to date Will saves all sorts of difficulties after death.

Next up is a Lasting Power of Attorney (LPA). This sounds complicated but the idea behind it is simple. It is a legal document that allows you to name one or more people to do things for you if you are unwilling or unable to do them yourself.

For many individuals there comes a time when the business of paying bills, organising savings, keeping up with investments either becomes too much or, through failing mental health, simply impossible.

The person or persons named in the LPA can then take over and deal with things on behalf of the parent or relative or other elderly person.

There are some rules, including:

The person creating the LPA (the donor) must do so at a time when they are fully mentally capable. So make sure you have the LPA in place before it is needed.

The person or persons named must act in the interests of the donor. Only appoint someone you can trust without reservation. The supervision of the Office of the Public Guardian (OPG) is limited unless there are formal complaints and even then the OPG can appear very reluctant to take decisive action. If you do not have any suitable family or friends,  then a professional person, such as a solicitor, may agree to undertake this role for you. In that case, you are protected by strict professional conduct rules as well as insurance.

The LPA must be registered at the OPG before it is used. Again plan ahead, not least because the OPG is currently taking up to 14 weeks to complete this process, quite apart from worrying stories about LPAs being lost by the OPG during the registration process. All the more reason to get the LPA set up well before there is a chance it will be needed.

You need one LPA to deal with money and property and one to deal with personal welfare issues.

You can impose conditions and restrictions in them. If you are tempted to do that,  then take advice as sometimes you will find that what seems a sensible restriction actually produces real problems.

LPAs are a bit like your home insurance; you hope they will not be needed, many are never used but when they are they make life very much easier.

Finally what happens if it is too late for an LPA?

There is a solution, although it is more expensive, slower and more bureaucratic. It is to apply to the Court of Protection for the appointment of a Deputy for the elderly person who is no longer mentally capable. The application process requires a medical report and detailed information about the elderly person, their assets and family. Once the Deputy is appointed there are much more rigorous accounting and reporting processes as well as ongoing Court fees if there are substantial assets involved.

Don’t forget this is general comment; you should take legal advice relevant for your circumstances before acting – or deciding not to act.