LPA Case Study

How having an LPA helped me stay by my mother’s side, right till the very end? 

Introduction

Mrs S, age 67, came to LR Estate Planning to draw up two LPAs — one for health and welfare, the other for property and finance. After the loss of her husband eight months previously, she felt that it was best to have her LPAs put in place. Her husband had dealt with all the finances in the home and Mrs S’s daughter had to support her financially for the past eight months because her daughter could not gain access to any bank accounts held in her Mr S’s name. There were also delays because their daughter’s husband had not made a will. Their daughter had to go through the probate process for her father, and Mrs S didn’t want to put her daughter through that grief again in the future, especially as she had felt that she had been a burden to her family for the last year. Mrs S wanted to learn from the experience and make sure when her time came, she made it as easy for her family as she possibly could.

Background

Mrs S had both LPAs drawn up so her daughter could look after and support her when she became unable to look after herself. She wanted to stay in her home for as long as possible and keep the quality of life to which she had become accustomed. She had never needed to pay the bills as her husband had done so all their married life, and after he died she knew she needed assistance with this. She wished to let her daughter keep an eye on her finances and take care of any bills. After both LPAs were drawn up and registered, Mrs S then decided to create her will so the probate process would be much easier for her daughter.   

How LR Estate Planning helped

Through LR Connections, Mrs Hazel arranged an appointment with one of the LR Estate Planning advisers, who listened to what she would like to happen if she became incapable of managing her affairs. They explained each part of the application form and ensured she understood the consequences of her answers and that she was happy with the outcome. Mrs S created her LPAs and then we proceeded to draft her will. As her beneficiaries were also her attorneys, this was a simple process because most of the information needed could be transposed from the LPAs.   

What happened next

Some two years later, Mrs S was admitted to hospital. At this same time, she decided she wanted to make a gift to her grandchild to help get him onto the property ladder, but she was concerned that because her daughter held the financial power of attorney, she either wouldn’t be able to make the gift or that she would have to get her daughter’s permission to make the gift. She also wondered if making the gift would have any repercussions for her daughter because money was coming out of her estate and going to the grandchild.

Mrs S contacted LR Estate Planning to discuss her concerns and we were able to advise her about the best way to proceed.