Should you put preferences and Instructions in your Lasting Power of Attorney?

When making your Lasting Power of Attorney, both in relation to Health & Welfare and Property & Financial Affairs, you have the option to include preferences and instructions.

In practice, most people leave these sections of the Lasting Power of Attorney blank BUT…this is completely up to you. It is your Lasting Power of Attorney, you are appointing people you trust to make decisions for you and so you may want to leave them preferences and instructions.

So, what are the differences between preferences and instructions and what are some examples?

Preferences in a Lasting Power of Attorney

Preferences in your Lasting Power of Attorney are the things that you would like your Attorneys to think about and consider when making decisions for you.

Therefore, preferences are not mandatory and do not have to be followed but are instead a consideration for your Attorney to bear in mind.

Preferences cannot be written as directions and cannot force your Attorney to do, or refuse to do, something or stipulate that your Attorney take, or refuse, a specific decision or action.

Examples of Preferences in a Lasting Power of Attorney

Preferences in your Lasting Power of Attorney may ask your Attorneys to bear in mind the following considerations:

Preference as to WHERE you live

This could mean that your Attorneys have to consider this when making decisions about your living arrangements and how close you are to relatives, friends and loved ones for example.

Preference as to the TYPES OF MEDICINE that are prescribed

This could ask your Attorneys to bear in mind only generic medications.

Preferences as to ACTIVITIES and EXERCISE

This could state your preferences to your Attorneys in relation to how much activity and exercise you like to partake in or how long or frequently you would like to spend outside whilst you are mobile enough to do so.

Preferences in relation to PETS and ANIMALS

This option allows you to ask your Attorneys to consider your preferences in relation to living with animals and pets whether in your own home, living with relatives or if you have to move into sheltered accommodation, a care home or nursing home.

Preferences in relation to PERSONAL HYGIENE

This allows you to state your preferences in relation to maintenance of your personal hygiene such as frequency or haircuts, manicures, pedicures and the like.

Preferences in relation to REINVESTING

A preference in relation to reinvesting could ask your Attorneys to consider reinvesting all of the interest on any of your investments into your annual ISA allowance.

Preferences in relation to FINANCES

Preferences in relation to your finances could include asking your Attorneys to consider maintaining a minimum amount in your bank account or give consideration to making charitable donations and how much and how often these should be considered.

Instructions in a Lasting Power of Attorney

Instructions in your Lasting Power of Attorney are mandatory and therefore, unlike preferences, must be followed by your Attorneys.

If you choose to include instructions in your Lasting Power of Attorney, then you should use words such as ‘must’, ‘shall’ ‘have to’, in order to demonstrate that there is no choice in the Attorney complying with the instruction.

If you decide to pay your Attorneys, for acting as an Attorney, then this should be included within the Instructions in your Lasting Power of Attorney.

Examples of Instructions in a Lasting Power of Attorney

Some examples of Instructions that you may give to your Attorneys, in your Lasting Power of Attorney are as follows:

Instructions in relation to MOVING IN TO A CARE HOME

You could state that your Attorneys must not take the decision to move you into a Care Home, or residential care, unless they have been advised by a Doctor, or your GP, that you can no longer live independently.

Instructions in relation to BLOOD TRANSFUSIONS or MEDICAL TREATMENT INVOLVING BLOOD PRODUCTS

This type of instruction may be particularly important depending on your religion and you therefore may want to give your Attorneys clear instructions to refuse any medical treatment involving blood products.

Instructions in relation to DIET

Again, this type of instruction may be particularly important depending on your religion or ethical beliefs. You may want to give your Attorneys clear instructions as to ensuring that you follow, and are only given, a particular diet, such as vegetarian or vegan for example.

Instructions in relation to INVESTMENTS

This type of Instruction could state that your Attorney must seek advice from a Financial Adviser before making any investments above a specified amount.

Instructions in relation to your PROPERTY

You may want to give instructions to your Attorneys in relation to how your property is dealt with, for example stating that your home is not to be sold unless, in the opinion of a Doctor or your GP, you can no longer live independently.

Instructions in relation to making GIFTS

You may instruct your Attorneys that they cannot make gifts or that they must make gifts. If gifts must be made, you should give instructions as to who the gifts should be made to, whether that be individuals or charities, as well as considering giving details as to the amount and frequency of the gifts.

Instructions in relation to ANNUAL ACCOUNTS

This type of instruction may be given where you are appointing a professional to act as your Attorney and want Annual Accounts to be sent to specified family members or close friends.

IMPORTANT NOTE: YOU MUST INCLUDE INSTRUCTIONS IF:

you have investments managed by a bank and want that to continue; and
you want to allow your attorneys to let a bank manage your investments

If you have any questions, or would like a FREE consultation, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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16th April 202023rd April 2020

We will review your Will…for FREE!

We will review your Will...for FREE!

So, you have a Will in place…GREAT!

But…it was made 5, 10, 15 (plus!) years ago?

How much has changed since you made your Will…and we are not just talking about the situation that we now find ourselves in with COVID-19. We are talking changes in family dynamics, change in assets, moving house, having children, grandchildren, maybe even great-grandchildren!

Does your Will still do what you want it to and most importantly, does it ensure that everything that you have worked so hard for, goes to where YOU want it to?

We offer a FREE Will Review to check just that, and talk through anything that may be missing.

Just to be clear…this Will Review is COMPLETELY FREE and there is absolutely no obligation or follow up from us (unless you want it, of course!).

We always recommend reviewing your Will every 2-5 years, as so much can change in that time. If your Will is still doing what you want it to then, great, put it back safely to where it is stored and review again in a couple of years.

So, what are some of the key areas that you should be thinking about when deciding upon whether to review your Will?

EXECUTORS

Are the people that you have appointed to

administer your Estate (your Executors) still the people that you want to be in charge?

This may change over time, as people get older and relationships change. When you first made your Will, you may have appointed parents, who may now be too old to take on such a responsibility, perhaps your siblings or even adult children may be better placed to take on this role?

GUARDIANS

Guardians are put in place within your Will as

the designated person, or people, to legally take care of your children if you are no longer around to be able to do so. When reviewing your Will it is worth considering who you have in as your Guardians, much like Executors, you may have appointed parents, who may now be too old to take on the role, perhaps your siblings or close friends may be better placed?

BENEFICIARIES

Your Will is your chance to ensure that

everything you have worked for, goes to those YOU want it to and that may well change as you grow, circumstances change and new additions to the family come along. Reviewing your Will can ensure that those beneficiaries that you want to inherit, WILL.

INHERITANCE TAX PLANNING

Are there provisions and planning that can be

done now, or in the near future, to reduce your Inheritance Tax liability later on?

TRUSTS

Trusts allow you to protect your assets and

ensure they are looked after for the beneficiary or beneficiaries.

DISABLED TRUSTS

Are you leaving money to a Vulnerable Person (a minor or an adult)? This could affect their means-tested benefits should they receive a substantial inheritance and so a Disabled Person’s Trust may be worthwhile considering to mitigate this.

CARE HOME FEES

Is there planing that can be done now to protect your Home from Care Home Fees should care for you or your spouse/partner be necessary in the future?

There are so many decisions to think about and choices to make, but don’t let that put you off!

We can help you through any queries that you have and make things as simple and easy as possible.

ENSURE YOUR WILL DOES WHAT YOU WANT IT TO

If you have any questions, or would like a FREE review of your existing Will, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

Click here to find out more...

Have a Question or
want to book a
FREE Consultation?

2nd April 202022nd April 2020

Business as UNusual

Business as UNusual

What strange times we all find ourselves in…it is like we are living a movie!

However, for many of us, ‘the show must go on’!

Whilst we are all figuring out the ‘new’ normal and new routine for the whole family, whether that be juggling homeschooling, pets, home working and office space at home or perhaps something altogether new…some things will never change.

Now, more than ever, we need to work together and pull together as a community!

We have adapted our working style, and for those of you that have worked with us before will realise this is a bit of a shift for us. We usually see all of our clients at least once and visit them at home. This of course, is not possible right now.

So, we are still carrying out meetings, albeit remotely via Zoom, Skype, Facetime or traditional telephone – whatever works best for our clients. We prefer a face-to-face call, it is much more personal and we can ensure that our clients understand everything and have the opportunity to ask all of their questions and still receive the best service possible.

We aren’t going to harp on about how important Wills and Lasting Powers of Attorney are (we do that so often and now, more so than ever, it is a scary thought that it may all be needed sooner than we would ever have liked!).

However, it is something that we would like YOU to have a think about and at least consider putting in place.

We offer a free consultation, with absolutely no obligation, at your convenience to ask any questions that you may have. We also offer a free Will review service, to go through your existing Will and ensure it still does what you want it to!

So, we look forward to you taking us up on our offer of a free review or consultation.

Stay Safe!

If you have any questions, would like to consider putting a Will in place or a FREE review of your existing Will, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

Have a Question or
want to book a
FREE Consultation?

Month: April 2020