Independent Guide to Care in North Wales

Lasting Powers of Attorney by Professionals
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In the advent of the digital age, a number of services can be offered online for a number of things which originally required professional attention. In the case of very minor things such as PPI Claims, often printing off a form is adequate, but alarmingly there have been more and more cases of people attempting to do extremely complex procedures themselves. There are a number of STEP qualified, Solicitors For the Elderly appointed solicitors in North Wales which are deeply concerned about some of these things.


It's a good thing, mostly. In the case of very minor things such as PPI Claims, often printing off a form is an adequate way of getting the job done, but alarmingly there have been more and more cases of people attempting to do extremely complex procedures themselves. 


For example, Powers of Attorney, and Lasting Powers of Attorney are somewhat problematic. A far cry from a simple PPI Claim where the worst thing that can happen should a mistake be made is that an individual must try again, a Power of Attorney document is an extremely powerful legal document which can appoint an attorney to make decisions on someone else’s behalf, for the rest of their lives – should they ever lose mental capacity and the capability to make their own decisions themselves.


A document such as this is something designed and intended to be a failsafe, a document that guarantees someone’s basic rights even if they cannot see to them themselves – and is undoubtedly a good thing. It turns quite terrifying when you give the power to create them to just anyone, as that anyone may get it wrong and only discover their error when the document is rejected.  


Most commonly, the worst that can happen in the case of inaccuracy within a Power of Attorney document would be that the document would be referred to when they get unwell enough to see to their own needs by a court. In the case of an inaccuracy being discovered, this document would be rejected and the attorney and this person’s loved ones would be absolutely powerless to ensure that this person’s basic needs are met... as obviously, creating a power of Attorney for an individual when they are too unwell to give consent is difficult.


Of course, there’s another reason that STEP qualified solicitors in North Wales and beyond are worried about DIY Lasting Powers of Attorney documents. That reason is the abuse of the elderly, something which, while extremely sad, has been known to happen.


In an environment such as a care home or another assisted living facility, (though of course not only within these environments) it would be simple for a carer or anyone else to use their knowledge of an individual's condition, create a Powers of Attorney document and implement it when the condition worsens said elderly person lost their mental facilities. In the very worst cases of abuse, this will enable an individual to help themselves to an elderly person's bank account and assets when they inevitably lose control of their faculties.


There are many reasons why the “DIY” approach of your loved ones is unviable, insensible, and quite frankly, quite risky whether through simple mistakes or malicious intent. 


Give your loved ones the stability they deserve by always dealing with a court-appointed deputy for clients under the Court of Protection and choosing a real solicitors firm to make sure the document that your loved one’s long-term best interests depend on is watertight.  




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