19th NOVEMBER 2020
When you make a Will you can decide not to include people who you don’t want to benefit from your estate. You can even go as far as to explicitly exclude them and direct your executors to resist any claim that they may make on your estate.
You should apply the same logic when thinking about making a Lasting Power of Attorney. It isn’t just about who you want to manage your affairs for you in case you are not able to – it is about who you would definitely not want to have that authority.
If you fail to make a Lasting Power of Attorney then anyone can apply to the Court of Protection to manage your affairs and make decisions on your behalf. It could be a sibling that you no longer speak to, or one of your children who you think makes bad decisions. If the Court agree to the application then that person will get full control of your affairs. You should also consider arguments that could occur between siblings over who should manage their parents affairs. This is, unfortunately, an all too common occurrence which leads to bitter court battles and runs to thousands of pounds worth of legal costs.
Why would you risk it? For 15 minutes of your time Kwil can prepare your Lasting Power of Attorney which you can put away safe in the knowledge that, if needed, your affairs will be dealt with by the person you trust.