I wanted to share a story with you as a past client—a tale that, while seemingly simple,
carries a lesson about saving time and money.
This client (the parent of adult children) had drafted a Power of Attorney (POA) which
blocked their children’s ability to help them. Here’s what happened and how to prevent this
for you.
Imagine fast forwarding your life and after years of hard work, you decide it’s time to settle
into a comfortable retirement. You’ve thought of everything: a cozy home, a garden to tend
to, and time spent with loved ones. However, often one thing gets overlooked, including
updating the Power of Attorney to reflect one’s current needs.
As you might know, nursing homes require you to have a Power of Attorney in place, however
in this instance our client’s POA was only allowed to be activated should the parent be
incapacitated. The family didn’t realise it had this clause until the children went to act on
their parent’s behalf.
You can imagine how inconvenient that was for all involved, then trying to carry out everyday
tasks such as going to the bank on their parent’s behalf only to be knocked back…
(Something that a normal POA would allow the grown children to do. Not in this case.)
We were engaged as the client’s new firm and thankfully we were quickly able to review and
update the POA. To be honest, I’m unsure why it wasn’t considered in the original will and POA.
Hopefully, you or someone you know will find this lesson useful.
Have you got a question of your own on the matter? Click below to book a complimentary
15 min chat with one of our solicitors, to see if we can help you with any of your legal
matters. Book here
See our YouTube channel for more information regarding nursing homes, wills and POA’s.
https://www.youtube.com/@FennellyLegal
