Understanding Wills, Powers of Attorney & Lasting Powers of Attorney

One thing we frequently hear from families is, “We wish we’d sorted this out sooner.” Important legal arrangements are often postponed because people assume there will always be more time. However, understanding a few key documents can make life significantly easier for both individuals and their loved ones.

At Radfield Home Care Guildford & Woking, we are fortunate to work alongside a number of trusted professionals who share our commitment to supporting older people and their families. One of those valued community partners is Downs Solicitors in Godalming.

We have developed a close working relationship with the team at Downs Solicitors and have seen first-hand the positive difference that good legal planning can make. Their expertise in Wills, Lasting Powers of Attorney, Trusts and other important legal matters provides invaluable support to many of the older people and families we serve across our communities.

What is a Will?

A Will is a legal document that sets out what you would like to happen to your money, property, possessions, and other assets after your death.

A valid Will can help:

• Ensure your wishes are carried out.
• Reduce confusion and disputes.
• Protect loved ones and dependants.
• Make the administration of your estate simpler for your family.

Without a Will, the law decides how your estate is distributed which may not reflect your personal wishes.

What is a Power of Attorney? (or ordinary power of attorney)

A Power of Attorney is a legal arrangement that allows one person to act on behalf of another. There are different types of Powers of Attorney each designed for specific situations and you can read more about that below. A Power of Attorney can allow someone you trust to help manage financial matters or make decisions on your behalf when appropriate.

Most people will apply for an “ordinary” also known as a “general” Power of Attorney for convenience reasons, as they are only in effect temporarily, for example, while you recover from surgery or travelling abroad. Because the rules can vary depending on the type of Power of Attorney, professional legal advice is always recommended.

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is one of the most important legal documents many people can put in place. An LPA allows you to appoint trusted individuals to make decisions on your behalf should you lose the ability to make those decisions yourself.

Many people assume that their spouse, partner or adult children can automatically step in and manage affairs if something happens. Unfortunately, this is not always the case.

Unlike a General Power of Attorney, which is only in place temporarily, a Lasting Power of Attorney is just that,  it lasts for a longer period of time and is permanent unless you specifically make a change to nominate someone else, for example.

Without an LPA, families can face significant delays, complications and additional costs when trying to manage financial matters or make important decisions.

There are two types of Lasting Power of Attorney, one relating to medical care and the other financial. You can have different people, or “attorneys” looking after different matters but the person you chose must be someone you trust and they must understand the role that they are taking on.

The two types of lasting Power of Attorney

Property and Financial Affairs LPA

This allows your chosen attorney to help manage matters such as:

Bank accounts

• Paying bills
• Managing investments
• Dealing with property
• Organising financial affairs

Health and Welfare LPA

This allows your chosen attorney to be involved in decisions relating to:

• Care arrangements
• Medical treatment
• Daily living decisions
• Health and wellbeing matters

This type of LPA only becomes active when a person can no longer make decisions for themselves.

Why does this matter?

As care professionals we often meet families during times of illness, hospital discharge, dementia diagnosis or other significant life events.

Families are already coping with emotional and practical challenges. When legal arrangements are in place they can focus on supporting their loved one rather than navigating avoidable complications. Having a Will and appropriate Lasting Powers of Attorney in place can provide clarity, reassurance and peace of mind for everyone involved.

A final thought

Putting these arrangements in place is not about expecting the worst. It is about ensuring that your wishes are known, your affairs can be managed appropriately and your loved ones are supported if circumstances change.

Many people spend years planning for retirement. Taking time to consider a Will and Lasting Powers of Attorney is another important part of preparing for the future and protecting those we care about most.

A final Solicitor’s Perspective

According to recent figures 60% of people aged over 75 do not have a Lasting Power of Attorney. A likely reason for this is because so many people mistakenly believe that a partner, child or spouse can legally step in and manage things like medical treatment or access bank accounts if needed but this is simply not true.

We also hear a lot of people say they don’t need a Lasting Power of Attorney because they don’t have any assets. This is due to a misunderstanding between a will and a Lasting Power of Attorney, a will protects your assets on death but your Lasting Power of Attorney comes into play while you are alive. Therefore, you might think you don’t have any assets to “leave behind” but while you are still living you might need to pay care costs, rent and other bills.

Without an LPA, your loved ones and your family and yes that includes spouses and children cannot act or honour your wishes. We’ve also seen time and time again how people have relied on AI to give legal advice in this area. It is so important to seek proper legal advice from a registered and quality checked solicitor, like Downs Solicitors to make sure you are getting the correct information that is right for your circumstances.

Need more information or advice? 

If you have any questions or concerns about this article call Downs solicitors in Godalming at 01483 861848 and ask for Kirsty, Victoria or Jenna or for care and general Radfield enquiries then please call Cathy of Radfield Home Care Guildford & Woking at 01483 904594 or email us at [email protected].