About Frank Smith Frank Smith is Managing Partner of Frank Smith & Co Solicitors. With over 20 years’ experience in property and private client law, Frank is a nationally recognised legal affairs expert. Independent legal directory Chambers UK recommends him as an expert in his field. About Frank Smith & Co Solicitors Frank Smith & Co Solicitors is a bespoke, Cheltenham-based law firm with well over 100 years combined legal experience, specialising in amongst other things, private client law. Contact Frank Smith Managing Partner Frank Smith & Co Solicitors Essex House, 18 Rodney Road, Cheltenham, Gloucestershire, GL50 1JJ, UK Tel: +44 01242 801748 Fax: +44 01242 335154 E: info@franksmith@co.com www.franksmithandco.com Donors often feel more comfortable appointing their children as health and welfare attorneys, as they would have more of an insight to the preferred medical treatment their parent would want. When making an LPA, it is important for the donor to give consideration to who they would feel most comfortable with making decisions on their behalf and explain to them the gravity of the responsibilities the LPAs carry. Overall, there is no right or wrong answer as to who you should appoint as an attorney. What is important is the need to understand how valuable LPAs can be, how they can support you in the worst-case scenario, and the different aspects mentioned above to consider when creating an LPA and choosing who to represent you. The donor and attorney’s signatures must be witnessed for the LPA to be registered and this can be done by the certificate provider or an unrelated third party who is not involved with the LPA. Once the LPA is completed it is sent to the OPG – along with a cheque for £82 – for registration. The current waiting time for an LPA to be registered is between 10 and 12 weeks, but in some cases, it can be significantly more. Becoming a Deputy A deputy has the same responsibilities as an attorney would through an LPA, but the application timescale and costs are significantly greater. Applications are made through the Court of Protection and a deputyship is only granted in situations where someone lacks mental capacity, does not have LPAs and needs assistance with their finances and welfare decisions. Much like LPAs, there are two types of deputyship applications: property and financial and health and welfare. The application can take up to six months to complete and cost over £1,000, excluding solicitor’s fees, which in desperate circumstances can leave vulnerable people unable to have their funds accessed to receive the relevant care. Appointing Children as Attorneys There is no reason why a donor’s children should not be appointed as an attorney, if the donor has a good relationship with them and trusts that they will act with integrity and always have the donor’s best interests at the forefront of all decisions. In circumstances where a donor’s children do not have a good relationship with each other, it can be difficult for them to act as attorneys together and make joint decisions if their communication is strained. In situations like this, it would be advised to either have one child as an attorney and the other as a replacement, or if this would cause more of a divide in the family, to not appoint any children at all. SPECIAL FEATURE 51 There is no reason why a donor’s children should not be appointed as an attorney, if the donor has a good relationship with them and trusts that they will act with integrity.
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