This recent BBC article tells the story of an elderly man, John Wilcox, who was cut off from his wife and family by his granddaughter, Amy. John was diagnosed with dementia and after collapsing at home, was admitted to hospital for three months. During this time, Amy persuaded John to sign a Lasting Power of Attorney (LPA) giving her authority to make decisions relating to John’s property and finances on his behalf. He also signed a document banning contact between anyone involved in his care and anyone in his family, aside from Amy. 

John was discharged from hospital to a care home near Amy, but shortly afterwards he disappeared, and his wife and family did not know where he was living or how he was. They eventually found him in a hotel several weeks later, but his physical and mental health had deteriorated and he was very weak. He had also made a new will, leaving his whole estate to Amy, who had already taken over £5,000 from him, leaving only 16 pence in his account. Eventually, his family were able to bring him home to live with his wife and the will and LPA were cast aside, but it still serves to highlight the importance of planning for the possibility that one day, you may no longer have capacity to make decisions for yourself.  

It is impossible to say what the future holds for us all, but through an LPA, we can plan for what would happen if we do lose capacity, be that through a progressive illness such as dementia or by way of a sudden accident or illness. An LPA allows you to choose who should step in and make decisions on your behalf should you no longer be able to do so for yourself. There is no time limit on putting an LPA in place, once it has been made and registered with the Office of the Public Guardian it can be filed away, but will be ready to be used in the future if it’s needed.  

The reality is that John was a vulnerable person who suffered terrible abuse. Even if he had made an LPA or will earlier on, he may still have faced such abuse. Abusers might also look to prepare or change an LPA or will to supersede the person's original wishes, even if those documents are already in place. However, they may have helped flag the issues in the hope of safeguarding John. 

John’s story demonstrates, the dangers of delaying legal matters such as putting an LPA and will in place until it is too late. His story highlights the importance of putting your affairs in order sooner rather than later, and making sure you choose your attorneys very carefully.

For more information about LPAs or how we can support you with future planning, please contact Douglas Houghton or Karen Higham.