Will and Enduring Power of Attorney

Hellynt71

Way back in about 2003 my mom made a will and enduring power of attorney with Chambers & McClay Legal Services. They have recently written to her telling her that it needs to be updated and enclosing a photocopy from the Guardian newspaper entitled "Lasting Power of Attorney: Planning for the Unexpected". The letter sets out that since she made her Will and Enduring Power of Attorney the Mental Capacity Act has introduced two new Lasting Power of Attorney which 'leave her with insufficient protection'. It says although she has the Property & Financial Affairs element she is not covered for the Health & Welfare part of the LPA. They say this will enable me, as her daugher and executor of her will to be able to make decisions on her medical care etc ... for this privilege they want to charge her £199.

I have spoken with a few friends who have wills and elderly parents and none of them have heard of this. The company are ringing my mother (who is 72) on a daily basis, she hasn't answered the calls, but knows it is them because she googled the number. They left a message this week asking her to call them on a freephone number.

I am going to ring them this week and ask them to back off, but before I do I want to make sure that they are after money for nothing. Hope someone can advise. Many thanks.

Savvy_Sue

The original EPA remains valid, however it is true that you can no longer make an EPA and the two new LPAs do give two different forms of protection.

However, if your mum decides she wants to do a Health and Welfare LPA, she is under no obligation whatsoever to use this company.

And it could be worth reviewing her will: if they appointed themselves as executors most definitely!

securityguy

Enduring powers of attorney are (most) like the Financial part of the Lasting Power. If you want the Health and Welfare, which is new, then you need the Health and Welfare LPA, although you don't necessarily need to change your EPA (ie, you could use an EPA for finance and an H&W LPA for health and welfare). My experience of being involved in the operation of a health and welfare LPA is that it was entirely irrelevant for a spouse, as doctors didn't appear to regard "spouse" and "spouse with H&W LPA" as materially different, but that might vary from case to case.

My suspicion is that as the years roll on company procedures will come to focus on LPAs and using an EPA might be like offering Scottish fivers: they agree in the end, but it takes longer. I doubt we are at that position yet.

By the standards of solicitors, £199 is quite cheap, by the way, although you can do them yourself if you have the time and inclination. Some solicitors charge a great deal more than that.

Hellynt71

Securityguy ... this was a "special offer". Thanks for the advice both. Useful to know.