Making a Will or Lasting Power of Attorney

posted by KeithDaniel

The tragic coronavirus pandemic has made many people consider their individual circumstances. We have, like many firms, already seen an increase in instructions from clients who want to make or update their Will, or who want to prepare a Lasting Power of Attorney. 

By having a Will in place, people ensure that they have peace of mind that their wishes are recorded.

A Lasting Power of Attorney makes provision should someone lose capacity, or be unable to deal with their affairs.  

Lasting Powers of Attorney are increasingly popular and are very useful in the present lockdown for those in an ‘at risk’ category. Those in lockdown may have difficulty in attending banks or building societies to deal with financial matters in the way that they may usually do.

If they do not have a Lasting Power of Attorney of Property and Financial Affairs (“Finance LPA”) in place, they cannot authorise someone to attend on their behalf, and nor will the institution speak with or share any information with anyone other than the account holder (i.e. a spouse, child or next of kin); if, however, they have a Finance LPA, their nominated attorneys (who are often a family member) can carry out their financial business on their behalf.

A difficulty with Lasting Powers of Attorney is they take six to eight weeks to register with the Office of the Public Guardian; they must be registered in order to be used. It is hoped that timescales will be reduced in view of the current importance of these documents.

We specialise in advising and drafting Wills and Lasting Powers of Attorney, and whilst we are currently unable to meet with clients to take their instructions, we are able to take instructions via other means - telephone, Skype, Facetime or e-mail. Once we have obtained instructions, we can prepare a draft and thereafter a final copy for signature.

If you have any questions or are interested in making Wills or Lasting Powers of Attorney please call Chris Beames or Georgia Evans on 02920 345 511 or contact us at wills@berrysmith.com