A young persons perspective on Wills & LPA

Do you have children or pets that you care for some people these are equally as important?

Do you own a property or high value possessions that you have worked hard to earn?

Do you own a business or are due to take over a family business? Do you earn a salary and have significant savings?

If the answer to any of these is yes, congratulations! These are amazing achievements for a young person such as yourself! Here at GloverPriest Solicitors, we understand that you are the best judge of how best to manage the things you care about most. GloverPriest’s Private Client team have dedicated members of staff that deal with all things concerning Wills, Lasting Power of Attorney (LPA) and Trusts. 

 

For many elderly people, a will is the most important anchor of stability and reassurance in coming to terms with their mortality. However, in such uncertain times this applies to people of all ages as an increasing number of young people are developing mental health problems due to the stress of current events. In an article for the Guardian on how to manage coronavirus anxiety, Daniel Freeman, a professor of clinical psychology at the University of Oxford says that it is human nature to “want predictability”. “We want to be assured that the way our world looks when we get up in the morning is the way it will look when we go to bed. And if change occurs, we prefer it to be on our terms.” But worryingly sometimes life has other ideas. This is where a Will or Lasting Power of Attorney document could be your most useful tool to ensure that, as Professor Freeman says, “your terms” and wishes are respected, should physical difficulties or mental incapacity prevent you from asserting them yourself. 

 

We do not like to think about death or incapacitation and its effect on our families. This is especially difficult for us younger generations as it is natural for us to expect to live long and fulfilling lives. However any number of things could destroy the lives that we as young people often take for granted. Let us, for example, take the hypothetical scenario that you and your partner were involved in a tragic car accident and you left children under the age of 18 without having written a will or otherwise specified who would be the legal guardians of your children in your absence. In this case what is likely to happen in that scenario is that your child/children will be taken to a local authority home and it will be up to the local authority to make the decision as to who they you think is best suited to care for your children. Would this be what you would want for your children? In this unthinkable situation, you risk having the children placed into temporary foster care whilst suitable family arrangements are assessed.

Here at GloverPriest we strongly recommend that anyone with children under the age of 18 write a Will to ensure that the guardians of your choice are appointed to look after your children should anything happen, and also to ensure that that any money left to them are properly protected. 

 

Furthermore, misconceptions about Wills and Will writing are more stigma than substance. Not only can a written will be invaluable to loved ones and give you peace of mind, they are also more affordable than ever.  Furthermore, in the 21st Century Wills are a vital form of income for charities and non-profit organisations. Without a Will there is very little you can do once incapacitated or deceased to ensure that your hard-earned assets end up going to charities and causes you care about.  

 

Our Private Client Team prides itself on being pioneering and award winning: Firstly, the GloverPriest Private Client Team recently reached the final of Solicitor Firm of the Year awards in two categories. Secondly, we are revolutionising the concept of will writing with the launch of our Online Will Builder as you can use this unique platform to create your own perfectly tailored and customised Will from the comfort of your sofa. Our new Online Will Builder means that lockdowns or other restrictions will not prevent you from protecting your family from any number of uncertainties. Even though this is a ‘DIY’ concept, it is not without advice and contact, we always offer advice and alternates to what you may you think you need to future proof your wealth, whilst considering the demands and needs of you family unit. 

 

Appointing someone as an attorney through a Lasting Power of Attorney document allows them to make decisions on your behalf when you lack the mental or physical capacity to do so or if you no longer wish to. It is important to note that incapacity does not have to be permanent, it can be as a result of an accident whereby your ability to manage your affairs is temporarily inhibited.

 

There are two different types of Lasting Power of Attorney (LPA): a ‘health and welfare LPA’ and a ‘property and financial affairs LPA’. A ‘health and welfare LPA’ enables you to choose a person or persons to make decisions on matter such as your medical treatment, your care or where you should live on your behalf. A ‘property and financial LPA’ lets you choose a person or persons to make decisions on your behalf for matters such as paying bills and selling your home. What is most important to remember is that the scope of control that your appointed ‘attorney’ has is completely up to you as you can specify and leave instructions in your LPA document which would be legally binding. They are also legally bound by the Mental Capacity Act to act in your best interest. 

 

While this does admittedly sound rather hypothetical and distant, the alternative of not drafting an LPA document could lead to a significantly worse outcome for yourself and your family. In the event that a family member or friend needs to start assisting you with your health and welfare or property and finances, they will need to apply to the Court of Protection for a Deputyship Order which can take up to a year and is significantly more expensive than a Lasting Power of Attorney. Therefore, here at GloverPriest we believe that creating an LPA document is in the best interest of yourself and your most dearest. 

 

We are living through one of the most uncertain times in living memory where Covid-19 threatens to destroy every semblance of normality and certainty we know. Writing a Will or a creating a Lasting Power of Attorney document could be the stability that you, your family members and loved ones need in these difficult times. So instead of worrying over events that feel out of your control, let our award winning Private Client team assist you in bringing the law into your own hands and giving you peace of mind no matter what 2021 throws at you.

Rahul Chelvarajah-Lopez