Money Box, the BBC Radio 4 programme, benefited from the presence of the Public Guardian on their programme on the 12th June.
The Public Guardian is a Court official who helps to protect those who do not have full mental capacity to make their own decisions. They are particularly involved where someone loses mental capacity but has not taken the precaution of making a Lasting Power of Attorney (LPA).
An LPA is a document whereby decision-making, or just signing powers, can be delegated. Parents for example might make one appointing their spouse, and sometimes their adult children, as their Attorneys, just in case they might need any help in the future. The advice was to avoid the need to go to Court by making an LPA. For those people with assets in Scotland as well as in England/Wales, it was strongly advised that they remember to make a separate LPA for Scotland, as the law in Scotland is different in many respects. At Hewitsons, we have the advantage of being a founder of LawExchange International, an independent group of international law practices, and have a close relationship with a firm in Scotland which we can recommend for preparing an LPA. If you would like further information please contact Hauke Harrack on 01604 233233.