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Our client was an existing Taylor Rose client, an older, vulnerable woman whose adult children lived some distance away. Having already made her Will with us, she was now facing a significant life transition: the sale of her family home. The prospect of managing this alone made her anxious, and she wanted to ensure that if she couldn't cope, whether due to declining capacity or simply feeling overwhelmed, her children would have the legal authority to step in and support her.
Planning ahead for a time when you may no longer be able to manage your own affairs is one of the most important, and often overlooked, steps anyone can take. A Lasting Power of Attorney (LPA) allows a trusted person to make decisions on your behalf, covering finances, property, or health and welfare. Without one, even the closest family members may find themselves legally powerless to help.
A Lasting Power of Attorney was the obvious solution. But first, everyone needed to agree on how it would work.
Our client's adult children had strong and conflicting views about how decisions under the LPA should be made. Should all attorneys need to act together on every decision (jointly), ensuring consensus but potentially causing delays? Or should any one attorney be able to act alone (jointly and severally), allowing flexibility but risking disagreement? Each approach has its benefits and risks, and emotions ran high.
Our client was already anxious about the house sale and the decisions ahead. The last thing she needed was to feel caught between competing family opinions - or to lose control of her own choices.
Our role was to advise, guide, and ultimately ensure that our client's wishes were respected - even when they didn't align with what her family wanted. Balancing their concerns while firmly maintaining our professional duty to act solely on her instructions required careful, clear communication at every stage.
We took the time this sensitive matter required - ultimately around 2-3 months from initial consultation to submitting the registered LPA to the Office of the Public Guardian.
Throughout that period, we:
Held multiple meetings and phone calls with our client to fully understand her wishes and ensure she felt confident in her decisions
Explained the practical implications of joint vs. joint and severally decision-making in clear, accessible language, helping her weigh the options for her specific circumstances
Communicated separately with her children, listening to their concerns and keeping them informed while maintaining clear professional boundaries
When necessary, we were firm: we would act as their mother instructed, even if that conflicted with their preferences. Our client's autonomy came first.
Acted as her certificate provider - a legal requirement for all LPAs. While clients can ask a friend, GP, or other professional to complete this role, having a solicitor certify capacity offers significant advantages: we know exactly what the legal test requires, we're familiar with the client's instructions and circumstances, and it avoids delays or potential complications from third-party assessments. For our client, this meant one less person to coordinate with and complete peace of mind that her capacity was properly certified.
Coordinated the signing process across multiple parties and locations to ensure everything was completed smoothly
The time spent navigating this situation for a vulnerable client with a major life decision and complex family dynamics was essential.
The LPA is now registered and in place. When our client is ready to sell her home - whether in six months or several years - her attorneys will have clear, legal authority to support her through the process, on the terms she decided.
More importantly, she made those decisions herself, on her own terms, while she had full capacity and confidence. Her family may not have agreed with every choice, but they understand that she was properly advised and her wishes were respected.
For our client, the relief was immediate. The anxiety about "what if I can't manage?" has been replaced with confidence: she has a plan, a safety net, and the legal framework to ensure her children can help when she needs it.
Without an LPA, even straightforward tasks like accessing her bank account or instructing solicitors during a house sale would be impossible for her family to assist with. The alternative, applying to the Court of Protection for a deputyship order, typically costs £3,000-£5,000 and can take 6-12 months. Our client has avoided that entirely.
That peace of mind, knowing the structure is in place before she needs it, has allowed her to move forward with her plans, in control and on her terms.
Family disagreements about LPAs are more common than many people realise, especially around decision-making powers and who should be appointed. The right solicitor doesn't just draft documents, they navigate these dynamics with patience and professionalism, ensuring the client's voice remains central throughout.
At Taylor Rose, our private client team helps individuals and families plan ahead with confidence. From Wills and LPAs to estate administration and Court of Protection work, we offer clear, tailored advice when it matters most - and we take the time to get it right.
If you or someone you know is considering an LPA, particularly in the context of a house sale, declining health, or family complexity, we're here to help.
Contact us:
T: 020 3540 4444 | E: mailto:info@taylor-rose.co.uk
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