In this post, I want to share with you a real-life story that perfectly illustrates the importance of having a Lasting Power of Attorney (LPA) in place. It’s the story of Betty Figg, an elderly woman who found herself in the middle of a heart-wrenching situation, with her daughter desperately trying to care for her. This story highlights why an LPA is not just a document but a vital safeguard that protects your wishes, your dignity, and the well-being of your loved ones.
Betty Figg's Story
Betty Figg was a vulnerable elderly woman who, like many, was placed in a care home after her health began to decline. Her daughter, who loved her dearly, noticed that the quality of care at the home was far from acceptable. The care home, in her view, was not providing Betty with the attention and treatment she deserved. Her daughter’s growing concerns about her mother’s safety and well-being became too much to bear.
Determined to protect her mother, Betty’s daughter decided to take her out of the care home and bring her back to her own home, where she felt she could provide much better care in a loving and familiar environment. For her, it was the natural thing to do as a daughter—protect her mother from neglect and provide her with comfort and safety.
But this is where the importance of legal authority comes into play. The care home, which had legal control over Betty’s care, did not agree with the daughter’s decision. Instead of supporting the family’s wishes, they contacted the authorities. Shockingly, the police were sent to the daughter’s house, where they forcibly removed Betty and returned her to the very care home the daughter believed was neglecting her.
Why Did This Happen?
This devastating event occurred because Betty Figg’s daughter didn’t have the legal right to make decisions on her mother’s behalf, despite having her mother’s best interests at heart. Without a Lasting Power of Attorney for Health and Welfare, Betty’s daughter had no legal authority to take her mother out of the care home, even though her intention was to give her better care at home.
The care home had the upper hand because, in the eyes of the law, they were legally responsible for Betty’s care. As a result, Betty was taken back to the care home against her daughter’s wishes, despite the fact that the daughter felt she could provide a much better level of care herself. This left the family powerless in a situation that should have been about Betty’s well-being.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that gives a trusted individual the power to make decisions on your behalf if you are no longer able to do so. There are two types of LPA:
Health and Welfare LPA: This allows your attorney to make decisions about your personal care, such as medical treatment, daily care routines, and, crucially, decisions about where you live.
Property and Financial Affairs LPA: This allows your attorney to make decisions regarding your finances, including managing your bank accounts, paying bills, and selling property.
In Betty’s case, if her daughter had been appointed as her Health and Welfare attorney through an LPA, she would have had the legal authority to take Betty out of the care home and look after her at home. The LPA would have ensured that her daughter, who knew Betty’s wishes and needs best, could have been the one making these crucial decisions.
Why You Should Get an LPA
Betty Figg’s story shows just how essential it is to plan ahead and appoint someone you trust to act in your best interests should you become unable to make decisions for yourself. It ensures that your loved ones have the power to make the right choices for your care and well-being.
Without an LPA, you may find yourself in a similar situation to Betty, where authorities or institutions, not family, have control over your care. In the worst cases, like Betty’s, your loved ones may even find themselves powerless to protect you, no matter how much they care.
The Right Time to Arrange an LPA
One of the most important things to understand is that an LPA must be put in place before you require care. Once you lose the mental capacity to make decisions, it becomes much more complicated and expensive to give someone the legal authority to act on your behalf. In such cases, a deputyship through the Court of Protection is required, which is a lengthy and costly process that could be avoided by preparing an LPA in advance.
The Cost and the Process
The cost to register an LPA is ÂŁ82, payable to the Office of the Public Guardian. While this is a reasonable fee, the forms can be complex and challenging to complete correctly. Mistakes can lead to delays or even the rejection of the application, making an already stressful situation more difficult.
For peace of mind, we recommend working with a professional estate planner. While there is an administrative fee for this service, it ensures that the forms are completed accurately and efficiently, saving you time and worry. A professional estate planner can guide you through the process, ensuring that your wishes are clearly reflected in the document and that your LPA is registered without issues.
Take Control of Your Future
By arranging an LPA, you are taking control of your future. You are ensuring that the people who know you best, who understand your wishes and your needs, have the authority to act on your behalf. Whether it’s deciding where you live, the treatment you receive, or managing your finances, having an LPA in place gives both you and your family peace of mind.
Betty Figg’s story is a sobering reminder of what can happen when you don’t have an LPA. Don’t wait for a crisis. Make sure your wishes are protected, and empower your loved ones to act in your best interests. Talk to a qualified estate planner today to ensure you have the right safeguards in place.
If you would like to learn more about creating an LPA or have any questions, we’re here to help. Contact us today for expert guidance and support.