Case Example

Power of Attorneys

Mr and Mrs Smith are both retired after long and successful careers. Mr and Mrs Smith have prepared Wills and their wishes following their deaths are clearly set out. However, both are concerned about people making decisions for them during their lifetime.

Mrs Smith has a family history of dementia. Whilst Mr Smith is alive, he should be able to take full care of Mrs Smith. However, both are concerned about a time in the future, should Mr Smith himself become ill or after he dies. Mrs Smith is advised to prepare Lasting Powers of Attorneys. Doing so now enables Mrs Smith to fully consider her wishes and how she would like decisions to be made for her during her lifetime, but only when she becomes unable to do so herself. The Lasting Power of Attorneys can be prepared so that the ability to make decisions on Mrs Smith’s behalf only comes into effect after Mrs Smith is deemed unable to do so herself.

Mrs Smith appoints Mr Smith as an ‘Attorney’, this being the name for the person who can make decisions on someone’s behalf. She also appoints her eldest son as Joint Attorney, to assist Mr Smith should he be unable to do so.

Both a ‘Health & Welfare’ and ‘Property & Affairs’ Lasting Power of Attorney are prepared, enabling the Joint Attorney’s to make both financial and personal decisions on Mrs Smith’s behalf. Mrs Smith is able to give express guidance on what specific decisions she would like her Joint Attorneys to make, such as whether or not she would like to go into residential care; whether or not she is to receive life sustaining treatment; or simply whether or not to invest her finances on the stock market for instance.

With both a Will and the Lasting Power of Attorneys in place, Mr and Mrs Smith can now relax, happy that their wishes have been clearly set out both during and after their lifetime.