Case Studies (Lasting Powers of Attorney)

Lasting Powers of Attorney – Property & Affairs

Our first case study is about a couple, Mr & Mrs C, who owned their house jointly. Sadly Mr C suffered a serious road accident and was critically ill in hospital for a prolonged period. Mrs C was struggling to meet their mortgage payments and needed to buy a more suitable propertyservice-disability that they would be able to live in once Mr C recovered. The house was in their joint names and without a Power of Attorney Mrs C was unable to sell the property without an application to the Court of Protection which was a lengthy and costly process. With a Power of Attorney she would have been able to deal with this difficult situation much more quickly and cheaply.

Lasting Powers of Attorney – Health and Welfare

Did you know that you can make a Power Of Attorney to cover your Health & Welfare issues as well as your finances? In our second case study we look at a situation where a lady lost the capacity to make her own decisions in relation to medical treatment towards the end of her life.

Mr D’s Mother had suffered from mental health issues at various stages over the past 5 years and had receiveprobated Electro Convulsive Treatment (ECT). She was then diagnosed with cancer and was only expected to live for 6 months. Under the circumstances she decided that she did not want to receive any further ECT but was then sectioned under the Mental Health Act and was unable to sign a Power of Attorney. Her doctors decided that it was in her best interests to continue with the ECT even though Mr D and his family told them of his Mother’s wishes to the contrary. As there was no Health & Welfare Power of Attorney in place they were unable override the doctors’ decision.

If you would like more information on Lasting Powers of Attorney please contact Rebecca Head or Joanna Parkin on 0121 323 2070.

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