Jean and her husband had both written Wills but never considered what would happen if one of them became mentally incapacitated. So when her husband, John, had an accident that left him in a coma for 3 years, she wasn’t prepared for the consequences. Because neither she nor her husband had drawn up LPAs in each other’s favour, the Court of Protection took control of her husband’s assets and she had to battle to get access to his bank accounts. This took her three years, left her without money for the basics for her and her children and ended up costing the family thousands of pounds in court costs before she finally succeeded.
This is a true story and not that uncommon. Often such a situation arises not as a result of an accident but simply old age eroding mental capacity - with everyone living so much longer these days - leaving the partner to cope not only with the emotional distress but also financial difficulties. In the story above, the situation could have been avoided if an LPA had been drawn up in Jean’s favour by her husband before his accident. This would have allowed her to manage John’s affairs whilst he was unable to do so, given her immediate access to money to pay for the family’s living expenses and prevented a great deal of heartache and hardship for her and her children.
It is a sad fact that only around 100,000 LPA’s have been registered in the UK since their introduction in 2007 - a fraction of the country’s adult population. Yet the Ministry of Justice recommends that all adults with mental capacity should have an LPA as well as a Will.
Now you've thought about it, contact an expert. It's simple, quick and inexpensive to do and you'll feel so much better knowing that what you want to happen to the things you've worked all your life for will actually happen when you're not in a position to tell those who are legally in charge.
Check out one of my Will Writing members who can provide you with guidance:-
http://www.thebestof.co.uk/local/warwick/business-guide/will-writing-services
Don't delay - do it today!!
