The story of a 73 year old daughter who was arrested after she tried to remove her 97 year old mother from a care home prior to lockdown coming into effect in England, has highlighted the importance of having appropriate Lasting Powers of Attorney in place.

Ylenia Angeli, the daughter of Tina Thornborough, had been appointed as an attorney for her mother’s Property & Finances, which gave her the authority to make decisions regarding her mother’s financial affairs. However, a Lasting Power of Attorney for Health & Welfare had not been put in place, meaning that Ylenia had no legal authority to make the decision as to where her mother should live.

Accordingly, the authority to make decisions as to Mrs Thornborough’s health and welfare fell automatically to the Local Authority whose care she was under. Whilst the importance of putting in place a Lasting Power of Attorney to allow your attorney to deal with your financial affairs is well recognised, putting in place a Lasting Power of Attorney for Health and Welfare issues is equally as important and often overlooked. In addition to allowing your attorney to make welfare decisions on your behalf in the event that you lose capacity, such as where you should live and the type of care you should receive, a Lasting Power of Attorney for Health and Welfare can also incorporate, if desired, the authority for your attorney to make decisions on your behalf regarding life sustaining treatment.

To discuss all aspects of Lasting Powers of Attorney, emailindividuals@rdplaw.co.uk or call 01633 603178 to speak to our team of experts.

Visit our Individuals page for more info.