Protect yourself with lasting power of attorney

When 86 year old Betty Figg was forcibly removed from her daughter’s home by social workers and police in April this year, the story made headlines across the nation.

Two days before, Mrs Figg - who suffers from dementia - had been taken out of residential care by her daughter Rosalind, but social workers backed by police armed with a battering ram forcibly removed Mrs Figg from her daughter’s care.

The extremely upsetting ordeal was resolved only after Mrs Figg’s daughter won a custody battle to allow her mother to return to the family home.

Emma Kirkwood of leading solicitors Hacking Ashton LLP said: “The incredible thing is this whole distressing scenario could have been avoided if Mrs Figg had signed a health and welfare lasting power of attorney to her daughter. Once this is in place social services can not make independent care decisions with regard to loved ones such as elderly parents.”

Without a lasting power of attorney, social services may act in what they deem to be the best interests of the person who is vulnerable if it is determined that this person is unable to make a choice through mental incapacity. Consequently, social services do not have to take family wishes into consideration.

Emma Kirkwood added: “Betty Figg’s case is uncommon but it does prove that lasting power of attorney is vital to maintaining family peace of mind. As members of Solicitors for the Elderly, we would encourage all older people to plan ahead and contact Hacking Ashton to make a health and welfare power of attorney at the earliest opportunity.”

If you would like to discuss the benefits of setting up a lasting power of attorney please contact Emma Kirkwood at Hacking Ashton LLP solicitors on 01782 715555.

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