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The Importance of Legal Advice When Making a Lasting Power of Attorney

Although retired Judge Denzil Lush recently made a public announcement saying that he would never sign a Lasting Power of Attorney, Joe Egan, President of the Law Society, reminded us of the importance of getting advice from a legally qualified solicitor.

A Lasting Power of Attorney is a legal document that gives a person or people chosen by you (your attorneys), the legal ability to make decisions about your property and finances, as well as your health and personal care, should you be unable to make these decisions for yourself.

Despite Judge Lush arguing that a Lasting Power of Attorney can have a devastating effect on family relationships, Zoe Dale, Associate Solicitor, reiterates Joe Egan in saying that, ‘If you are given the correct legal advice from a qualified solicitor as to what is right for your individual circumstances then you will be afforded  protection.”

She continues, “Judge Lush believes that the alternative – being a Court of Protection appointment of deputies – allows for more scrutiny form the outset, as a deputy has to provide a full list of the donor’s assets, security bond and annual accounts. Whilst this is true, a Court of Protection deputyship application is an expensive and lengthy application which can cause delays and unnecessary worry in dealing with a loved ones finances.  Putting a Lasting Power of Attorney in place, with the advice of a qualified solicitor, would remove this worry”.

To receive specialist advice please contact Zoe Dale on 01527 912912 or email zoe.dale@thomasguise.co.uk

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