The directors of my firm have acted as professional attorneys under Property & Financial Affairs LPAs (and before that Enduring Powers of Attorney) for many years.
Increasingly care homes are keen for Health & Welfare LPAs to be put in place and we are seeing an increasing demand from clients for these.
What I would like to know from other firms is whether directors or partners in their firms act as health and welfare attorneys and if so any issues that may arise from such an appointment. While it is one thing managing a person’s bank account, it is another where you are potentially making life or death decisions, or choosing a care home, when you may not know the client very well.
Any feedback would be gratefully received.
Graham & Rosen Solicitors, Hull
Whilst I am not aware of any professional rule that would prevent us doing it I agree it is not desirable. I think Health and Welfare attorneys perform a very personal function and I would feel
quite uncomfortable in that role. I usually politely tell clients that they should look elsewhere for candidates for this role. They all generally seem to understand the point.
To quote from the Court of Protection Rules 2017:
Property and affairs – the general rule
19.2. Where the proceedings concern P’s property and affairs the general rule is that the costs of the proceedings, or of that part of the proceedings that concerns P’s property and affairs, shall be paid by P or charged to P’s estate.
Personal welfare – the general rule
19.3. Where the proceedings concern P’s personal welfare the general rule is that there will be no order as to the costs of the proceedings, or of that part of the proceedings that concerns P’s personal welfare.