Blog
The logic, law and language of Lasting Power of Attorney: A case before Hayden J
I attended an in-person hearing at the Royal Courts of Justice which addressed some of the challenges encountered by people making Lasting Powers of Attorney. You can find out more about what happened when questions were asked about lead attorneys, majority decision making and replacing replacement attorneys in a blog I wrote for the Open Justice Court of Protection Project The logic, law and language of Lasting Power of Attorney: A case before Hayden J
What can ChatGPT tell me about Advance Care Planning?
In the name of research, I set out this week to see what ChatGPT could tell me about Advance Care Planning. I am relatively late to the ChatGPT party and approach the AI era with very mixed views, however I realise the genie is out of the bottle and I’m keen to understand more. I challenged ChatGPT to come up with a blog “explaining what Advance Care Planning is and why it matters for everyone.”
Why chose Speak For Me LPA to draft your Lasting Power of Attorney?
Looking at the 54 blogs published so far, I realised there is one rather large gap. I have written about Lasting Power of Attorney through many lenses, posted experiences from the Open Justice Court of Protection, reported on polls and charted my own Advance Care Planning but seem to have missed writing about a key element of my work - that of a Lasting Power of Attorney Consultant.
Lasting Power of Attorney: The difference between activation and validation
This short blog is in response to a recent query I had following the registration of a client’s Lasting Power of Attorney and the potential for confusion around the word “activation”.
Advance Care Planning: Getting Your House in Order
I’m writing this post Dying Matters Awareness Week 2023, the aim of which is to encourage and normalise discussion about matters which are typically taboo. Death and dying, grief and bereavement are things we avoid talking about; Advance Care Planning sits at that table too. This blog shares a model I have developed to help talk about and explain Advance Care Planning.
Lasting Power of Attorney: What does activation key mean?
This short blog is in response to a recent query I had following the registration of a client’s Lasting Power of Attorney and the potential for confusion around the word “activation”.
Can you claim a refund of Lasting Power of Attorney registration fees if a donor dies before the LPA is registered?
Can you claim a refund of Lasting Power of Attorney (LPA) Registration fees if a donor dies before the LPA is registered? This feels something sensitive but important to blog about today for a couple of reasons; firstly, I found it hard to get to a full answer on-line and secondly, because I hope that by explaining it I can help people by providing a question to ask any person who is drafting their Lasting Power of Attorney.
Living and working with a terminal illness: what do we know and what could we do better?
This blog is a pleasure to write; it is a chance to step back and honour where the question came from, identify what has been learned and share next steps. I’ll start with the person who contributed to the vision, describe the formal project that evolved and share the translation of the project into planning and actions.
“Is it necessary for me to have a Lasting Power of Attorney as I am fit and health and I have capacity. My wife and daughter are my next of kin and would speak for me……wouldn’t they?”
This morning, at my local gym, I was asked an LPA question which makes a great starter for this week’s blog. It’s a question that I suspect applies to many people and I hope to raise awareness, conversations and action.
Can you add another attorney to a Lasting Power of Attorney?
This week’s short blog focuses on a commonly asked question; can you add an attorney to an existing Lasting Power of Attorney? I’ll answer the question and include why it’s important to know this when making your Lasting Power of Attorney.
Can you be an attorney for a Lasting Power of Attorney if you have an Individual Voluntary Arrangement (IVA)?
Can you be an attorney for a Lasting Power of Attorney if you have an Individual Voluntary Arrangement (IVA)? This is a question I was asked recently; to find out I had to do a little detective work and will reveal the answer here.
Planning my funeral
I found myself saying, “if I die…” Holly caught my eye and gave a wry smile; I’d fallen into language of uncertainty in the one event that is certain. Our meeting was to plan my funeral and it was scheduled after I’d interviewed Holly, a holistic funeral director, for a podcast. I’d been so impressed with what I had learned through our discussion and it felt right to tackle this next stage of my Advance Care Planning
What is an Enduring Power of Attorney and do I need one if I have a Lasting Power of Attorney?
What is an Enduring Power of Attorney and do I need a Lasting Power of Attorney if I have an Enduring Power of Attorney are questions I’m often asked and will address through this blog. To answer the questions, it will help to understand what each is, how they are set up and when each can be used.
LPAs and Activation Keys: Part 2, A step by step guide to accessing a Lasting Power of Attorney electronically
One blog which has proved highly popular is LPAs and Activation Keys . In the blog I describe how you access an LPA digitally which enables you to share information safely and securely with share organisations. This is a follow up blog written to reflect updated guidance and use recent experience I have had to show the process in an easy to read step by step guide.
What is an Ordinary Power of Attorney?
Have you heard of an Ordinary Power of Attorney? This blog explores some common questions around a little know document and includes what an Ordinary Power of Attorney is, when you may consider using an Ordinary Power of Attorney and how an Ordinary Power of Attorney differs from a Lasting Power of Attorney. I’m frequently asked if there are any options available during the 20 week wait period to register a Lasting Power of Attorney and, for some people, creating an Ordinary Power of Attorney could be of great value. Read on to find out more.
Lasting Power of Attorney: This time it’s personal
My job is all about proactive Advance Care Planning, my career has been spent in healthcare but it was strange recently to be on the other side; this time as a relative. People who follow me regularly will know I’m slowly emerging from the other side of a family crisis, this short blog (it has to be short, there’s just no energy left for anything more right now), shares one very personal example of the importance of a Lasting Power of Attorney when a person has a stroke.
Decision-making with clarity and compassion: Validity of LPAs and appointment of Deputy
As a consultant for Lasting Power of Attorney and an advocate for Advance Care Planning, learning more about the Court of Protection work and processes is important to me. I have attended previous hearings and found the experiences invaluable[i].
This hearing concerned whether the person at the centre of the case had validly appointed his sister and her husband with Power of Attorney.
https://openjusticecourtofprotection.org/2022/11/28/decision-making-with-clarity-and-compassion-validity-of-lpas-and-appointment-of-deputy/
Advance Care Planning Advocate: what it is and why I’m doing it.
This blog looks at what an Advance Care Planning Advocate is and why I have chosen to work in this area.
Should I register my LPA straight away or wait until I need it?
Some people make a Lasting Power of Attorney (LPA), but don’t validate it immediately choosing instead to wait until they need it. Recently I was asked if there was an expiry date on the time from creating an LPA to validating it; the current information is that there is no expiry. Previously an LPA had to be registered within a year, but that has now changed; as long as the document has been drafted correctly and signed in the correct order there is not a limit on the date it was signed to submitting it for registration. Does this mean it’s best to wait or to register immediately? This blog explores the two options.
Advance Care Planning and End of Life Care
In the previous blog I wrote about Making my Advance Decision to Refuse Treatment and commented on specific Advance Care Planning for a person approaching the end of life; here I follow up and explore what Advance Care Planning at the end of life might look like.