Over the past couple of weeks, the care of the explorer Sir Ranulph Fiennes has been widely reported in the national press. Some members of his family have publicly raised concerns about where he is living and how decisions about his care are being made. His wife, who is said to hold a Lasting Power of Attorney (LPA), has not spoken publicly on the matter, and the Police are reported to be satisfied that he is in an appropriate setting and receiving suitable care.
We are unsure of the full facts, and it would not be right for us to comment on any family’s private circumstances. However, the coverage has rightfully raised a few questions, leading many people to ask how Lasting Powers of Attorney work, and what can be done when relatives don’t agree.
Why the LPA Story Has Struck a Chord
In an article in the Law Society Gazette, lawyers within the industry say the issues raised by this story are like ones they come across regularly. We agree that these concerns are not uncommon and often come across similar LPA disputes. Caring for someone who can no longer make their own decisions is emotionally demanding, and even close families can see things very differently or disagree with the decisions being made.
A Lasting Power of Attorney (LPA) is a valuable document. It lets you choose who will make decisions for you if you lose capacity, rather than leaving the choice to a court. It also places a great deal of trust in the people you appoint. An LPA also works best when you’ve thought carefully about how it is set up and have sought help from a regulated professional.
Having More Than One Attorney
You can appoint more than one attorney and decide how they should act together. There are three options:
- Jointly: they must agree on every decision.
- Jointly and severally: they can make decisions together or on their own.
- A mix of the two: they act jointly for some decisions and jointly and severally for others.
Having more than one attorney means no single person carries the full weight of every decision, and each attorney can see what the others are doing. It also gives you some continuity if one attorney becomes unwell or can no longer act, and you can name replacement attorneys as a back-up. If your attorneys must act jointly, one disagreement can hold things up, so it’s worth talking through which arrangement suits your family.
Appointing a Professional Attorney
Some people choose a solicitor as their attorney, either on their own or alongside a family member. A professional brings independence, knowledge of the rules, and a duty to keep clear records.
This can be particularly helpful where family relationships are complicated, for example where there are children from different relationships or communication has broken down. It can also help if you would rather not put one relative in a difficult position. A professional attorney will charge for their time, so it’s worth discussing costs at the start.
Saying What Matters to You
An LPA can also include your preferences and instructions. Many people use these to record where they would like to live, decisions over certain medical treatment, or who they want to stay in touch with. Your attorneys must take these wishes into account, which gives your family a clear guide if difficult decisions ever need to be made.
What to Do If You Disagree with an Attorney
An attorney must act in the best interests of the person they represent. Attorneys often face hard choices, and a decision you disagree with is not necessarily a wrong one. If you have genuine concerns, though, there are steps you can take:
- Talk to the attorney first. Many disagreements come from a lack of information and asking calmly how a decision was reached can go a long way.
- Seek Legal advice and consider mediation. An independent mediator can help family members talk things through and find common ground. This is usually quicker, cheaper and far less stressful than going to court. Seeking early legal advice can help you understand your options and what steps you can take.
- Contact the Office of the Public Guardian. The OPG can investigate concerns that an attorney is not acting in the person’s best interests.
- Apply to the Court of Protection. In serious cases, the court can give directions about a decision or cancel an LPA if an attorney has acted improperly. It may then appoint a deputy instead.
If you believe someone is at immediate risk of harm, contact your local council’s adult safeguarding team or the police.
Planning Ahead Helps Everyone
Most LPAs work exactly as intended, with family members making careful decisions for someone they love. It helps to be open with your family when you make yours. Tell them who you have chosen and why, and how you would like decisions to be made. That conversation can prevent a lot of misunderstanding later on.
If you would like help setting up an LPA, you are concerned about how one is being used, or other family members are raising a dispute against you, our private client and court of protection teams are here to help. We can also provide specialist advice and support for family carers and attorneys, including:
- Support for Family Carers
- Guidance for Attorneys and Deputies
- Mediating Family Disputes
- Professional Deputyship Services
By obtaining early legal advice from our compassionate and knowledgeable team, you can help ensure that your loved one’s LPA is managed according to their wishes.
To find out more about how we can help, please contact our experienced lawyers and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
