Report: a nation leaving our fate in the hands of strangers.

Over two million UK residents are unable to make their own decisions due to conditions like dementia, stroke, brain injury, learning disability, or mental illness. While most of us assume that trusted individuals will make decisions on our behalf, it's crucial to have legal documents in place. Research commissioned by The Association of Lifetime Lawyers (formerly known as SFE) reveals that only 1 in 10 have a Lasting Power of Attorney (LPA), despite 84% wanting family or friends to make decisions for them when incapacitated.

An LPA empowers a chosen individual (attorney) to handle affairs. Currently, only 7% of people have one compared to 39% with a will. Without an LPA, vital decisions may be left to courts, medical professionals, or social workers, risking outcomes contrary to personal preferences – the family may have little or no influence, even if they believe it’s not what the individual would have wanted. Accredited Lifetime Lawyers specialize in helping people get an effective LPA in place.

Raising concerns on the rise of Do-It-Yourself LPA.

A study carried out by The Association of Lifetime Lawyers (formerly known as SFE) revealed the hidden risks of creating an LPA (Lasting Powers of Attorney) using a DIY method. From rejected documents to the possibility of fraud, the emotional costs that can arise from submitting an LPA without specialist advice are potentially devastating. A Lasting Power of Attorney (LPA) is a powerful legal document that allows a person (or ‘donor’) to appoint others (attorneys) to manage their affairs if they lose capacity, encompassing decisions on finances, medical treatment, and end-of-life wishes. Despite the perceived financial benefits of DIY methods, our study exposed substantial risks, including document weaknesses, lack of safeguards for vulnerable donors, and the potential for fraud or coercion. Participants using DIY methods, such as off-the-shelf kits or online services, faced the threat of invalidated LPAs, additional fees, and documents unfit for purpose.

“We were fairly confident filling the forms in ourselves, but an LPA is such an important document, it’s crucial to get it right,” said Anne and Greg Guthrie who participated in the study. “We would definitely want a solicitor to review our application to ensure we hadn’t missed anything out.” While DIY LPAs may be fine for some people, like those with very straightforward financial situations or legal experience, for most of us, seeking professional legal advice is the best way of ensuring that an LPA is effective, legally robust and safe. As specialists in this area of the law, Accredited Lifetime Lawyers are well-placed to help with your LPA.

Our campaign helped reverse the Government’s decision to change probate fees, which would have seen some bereaved families pay almost £6,000 extra.

When the Ministry of Justice proposed significantly raising probate fees – paid when administering someone's estate after they die and apply in England and Wales - we took action. Quickly dubbed a 'stealth tax', this change would have generated £1.5billion in additional tax income for the Exchequer over 5 years. As an organisation passionate about championing the rights of older and vulnerable people, we consulted our members and their clients on the issue. We found the rise would unfairly impact ordinary families at a time when they are vulnerable.

We campaigned to raise awareness and persuade the government to reconsider the proposals. We secured front-page articles in The Times and Daily Mail, gathered support from various MPs and reached nearly 40,000 petition signatures. Although the cost of probate fee has risen since 2016, the plans to introduce the sliding scale based on the value of the estate were scrapped thanks in part to our campaign. We’ve since campaigned to reduce the waiting time for bereaved families caught up in the extensive delays in grant of probate being issued. Probate is required for all but the smallest estates so that executors have the legal authority to administer the deceased's estates in accordance with their will.

Report: how prepared is the UK to face the rising levels of incapacity?

Some 97% of UK adults do not have a Health and Welfare LPA (Lasting Power of Attorney) in place and are at risk of leaving important personal medical and care decisions to chance. Research commissioned by The Association of Lifetime Lawyers (formerly known as SFE), discovered 12.8 million people over the age of 65 run the risk of developing dementia, yet fewer than a million Health and Welfare LPAs are registered with the Office of the Public Guardian (OPG) across England and Wales. This suggests that almost 12 million of those people that are at high risk of future incapacity haven’t planned ahead to ensure their wishes are followed. We are, as a nation, unprepared for an impending incapacity crisis, and to avoid leaving it in the hands of strangers, we must all think about how our wishes can be carried out in case of a loss of capacity.

There are a number of ways of doing this and simply beginning to think about your wishes is a good place to start. Talking to family members and trusted friends is also very important, but putting a Health and Welfare LPA in place gives your attorney the power to make decisions about your daily routine (washing, dressing, eating), medical care, moving into a care home and life-sustaining medical treatment. It can only be used if you're unable to make your own decisions. Lifetime Lawyers have a great deal of experience in creating LPAs. Knowing your document is correct offers peace of mind and means that, when the document is needed, your loved ones will not have the burden of worry.

Update Your Will Week is our annual campaign reminding people to update their will. Having an up to date, well-drafted will is crucial to ensure your wishes are carried out in the way you’d like when you die. This can also help ease distress for loved ones and minimise disputes. Experts recommend that wills are reviewed and updated every five years, or when a major change occurs that impacts you or your loved ones. Our research revealed that almost half (47%) of Brits aged 40+ who have a will haven't updated it for more than five years. This means nearly half of the wills in the UK are likely to be out-of-date. Of those, a third (33%) haven’t updated their will for over 7 years, and a fifth (21%) haven't dusted it off in more than a decade. Almost a third of people (31%) who have a will have had significant changes to their lives and circumstances since they drafted it

Update Your Will Week highlights how important it is to review your will. It’s frightening to learn that so few people know that life changes – such as remarrying – can render your will useless. The implications of this are far greater than simple delays in executing your estate. Many individuals that you love and care for could miss out on the inheritance you intended to pass on to them; or worse, this could lead to lengthy delays and devastating family disputes.