As the UK population ages, and more and more of us have to consider where we will spend our final years, the significance of who has the right to make that decision becomes more important than ever before.
Last year the national press reported the story of 86-year old Betty Figg and her ‘abduction’ by social services from her daughter’s home in the Midlands. Rosalind Figg had become concerned about her mother’s welfare after she had gone into a nursing home. She felt her mother’s health was deteriorating and wanted her to come and stay with her so that she could care for her mother herself. She therefore removed her mother from the nursing home but two days later social services turned up at her doorstep with the Police and a battering ram! Betty Figg was whisked away by social services who threw a tea towel over her head in the process to add to the indignity of the whole scene.
Although Rosalind Figg wanted to care for her mother, she didn’t have the right to make that decision for her mother. No doubt social services thought that they were acting in Mrs Figg’s best interests but went about it in a heavy-handed way. So what could or should Mrs Figg and her daughter have done? If Mrs Figg had made a Lasting Power of Attorney for personal welfare in favour of her daughter, then Rosalind Figg would have had the power to make care decisions for her mother. Social services would not have been able to decide where Mrs Figg should live and who should care for her.
When Lasting Powers of Attorney (LPAs) were introduced in 2007, the majority of people were making property and affairs LPAs rather than personal welfare LPAs. In fact in the first eight months, four times as many property and affairs LPAs were registered. This was to be expected as the property and affairs LPA effectively replaced the old Enduring Power of Attorney which had been around for 20 years. However, in the past three years, it has become clear that the personal welfare LPA will become increasingly important to the elderly.
LPAs set out arrangements for care in later years. The Donor (the person who makes the LPA) can ensure that their next-of-kin have the right to decide where they live, what treatment they should receive and the type of care they need.
It is not just the elderly who should be making LPAs – they are useful for everyone as we never know when we might be unfortunate enough to fall ill. If you write a will it may be worth considering completing an LPA at the same time. This allows you to discuss your wishes in advance of any tragedy which might happen throughout your life.
If you would like more information about Lasting Powers of Attorney and how to obtain one please contact one of our friendly practitioners at any of our offices on wills@steeleslaw.co.uk or telephone Norwich 01603 598000, Diss 01379 652141, London 0207 421 1720.