News & insights Don’t leave life-changing decisions to strangers 4 minutes of reading - Written by Roche Legal Alarming new report reveals people in Yorkshire and the Humber leaving major decisions about housing, assets and care to chance 85% want loved ones to make decisions in the event of illness or accident – but only 7% have created a lasting power of attorney (LPA) to enable this People in Yorkshire and the Humber better at planning for death than later life; 39% of people with a will vs. only 7% with an LPA SFE member Rachel Roche from Roche Legal urges UK to safeguard wishes in the event of accidents or illness like dementia 86% of people in the Yorkshire and the Humber are currently living with no control over important later-life decisions around their housing, assets, heath, and care, according to a new report by SFE (Solicitors for the Elderly), the national organisation representing legal professionals such as Rachel Roche from Roche Legal, specialising in helping people plan for later life. The report reveals that whilst 39% of people in Yorkshire and the Humber have a will in place to manage their affairs after death, only 7% have a lasting power of attorney (LPA) in place to safeguard their wishes in the event they are no longer able to make decisions for themselves, due to accident or illness like dementia. 85% want a family member or friend to make important decisions on their behalf, in the event of illness or an accident. However, few are aware that without an LPA in place, any individuals’ affairs, such as their end-of-life wishes and health treatments, can be left in the hands of third party solicitors, social workers, medical doctors, or the British courts. Even the minority of people that have taken steps to plan ahead for later life may still be at risk, due to poor quality legal advice and invalid documents. 38% of people with LPAs in place did not use experts or legal guidance, instead taking a gamble using online resources, non-legal advisers, or off-the-shelf kits. Rachel Roche, Solicitor and Director of Roche Legal, a specialist firm of Solicitors in York advising older clients said: “We see it time and time again where people have not taken specialist legal advice or believe that they don’t need to because their wishes will somehow be met. The fact is, without an LPA you are leaving important decisions about your money and health completely up for grabs.” Lakshmi Turner, Chief Executive of SFE, said: “Most people assume that if they suffer an illness or accident, their next of kin will be responsible for vital decisions. The reality is starkly different – loved ones may not be able to make a decision on your behalf unless you have an LPA in place.” An LPA is by far the most powerful and important legal document an individual can have. If you have children, own a home, or have views on your preferred health treatment, we urge you to go to an expert to get the right advice.” SFE is an independent, national organisation of professionals, such as solicitors, barristers, and chartered legal executives, committed to providing the highest quality of legal advice for older and vulnerable people, their families and carers. To download the report ‘Who will decide for you when you cant?’ go to: https://www.sfe.legal. How Roche Legal can help We are reassuring experts who can help you with a wide range of legal matters. Please get in touch if you need legal support with: Trusts and Estate Planning Wills Probate and Estate Administration Contested Probate and Will Disputes Powers of Attorney Court of Protection matters Presumption of Death Applications Missing Persons Guardianship Applications Further Reading Court of Protection Revokes Lasting Power of Attorney In the recent case of Re AMH [2015] EWCOP 70, the Court of Protection revoked a daughter’s Lasting Power of Attorney for her mother due to concerns over her suitability. However, the same Court appointed her as a Deputy for her mother, allowing closer supervision of her actions. Don’t leave life-changing decisions to strangers A new report by SFE reveals that 86% of people in Yorkshire and the Humber have no control over crucial later-life decisions due to a lack of lasting power of attorney (LPA). While 39% have a will in place, only 7% have an LPA, leaving their wishes vulnerable in the event of illness or accident. Owning property jointly – what it means In England and Wales, property can be owned jointly as Joint Tenants or Tenants in Common. Joint Tenants have an indivisible share with a right of survivorship, while Tenants in Common have distinct shares and can leave their share to someone in their Will. View all insights Ready for clear, reliable legal advice? Contact us for straightforward advice that makes things easier, saves you money, and gives you peace of mind. Contact us