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Simplified system will safeguard dementia suffferers

By LawNet
| January 20, 2010 | Wills and Probate. | Comments Off

It’s important that everyone plans ahead while they can. New simplified forms to set up LPA’s aim to ease that process.

One in three people over 65 will die with dementia and many are leaving it too late to appoint someone they trust to make decisions on their behalf.

Latest statistics show that around two million people in England and  Wales lack the mental capacity to make decisions for themselves and 15,000 people under the age of 65 have dementia.

But this month sees the introduction of a simplified way to appoint someone to look after things, if you become incapable doing so yourself.

Lasting Powers of Attorney (LPAs) were first introduced two years ago and they allow individuals to appoint someone to act as their attorney, to deal with their personal welfare or their financial affairs.

The LPA replaced Enduring Powers of Attorney (EPAs) and offered two advantages. Firstly they settled any worry about someone being pressured into the agreement, as an independent person has to certify in the LPA that the donor understands what they are doing and has not been the victim of undue influence.

Secondly, under the old-style EPA an attorney was only authorised to deal with the donor’s finances, but LPAs can be used to cover personal welfare as well.

For health and welfare LPAs, this can include the attorney making decisions on areas such as medical treatment and where the donor lives. The attorney can even be given authority to refuse life sustaining treatment.

Although the launch of LPAs was welcomed two years ago, they have been criticised for their length and lack of user-friendliness.  But this week, the Office of the Public Guardian has launched a shorter and simpler form, which can be filled in on-line and printed off. 

It is important that everyone plans ahead while they can.  Even those who have done an EPA should take advantage of the fact that LPAs give them the opportunity to appoint someone to look after their personal welfare and for those already suffering from the onset of dementia, it’s important to find a lawyer who understands your situation.

LawNet Solicitors firms provide advice on legal and financial matters for people suffering from dementia, providing panel services to the Alzheimer’s Society.

"LPA’s allow individuals to appoint someone to act as their attorney, to deal with their personal welfare or their financial affairs"

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Know your rights when shopping

By LawNet
| January 20, 2010 | Consumer Rights. | Comments Off

Dispelling the myths surrounding your rights as a consumer

It can be hard to know what your rights are as a consumer. Here we shed light on some of the most common myths circulating.

Most people have probably had the experience of attempting to return a faulty or unsatisfactory product to a retailer, only to be told that a refund or exchange is not possible.

The reality is, however, that a number of the most common excuses used by a retailer are unfounded.

For example, you do not need a receipt when you return a product.  All you need is proof of purchase, which can also be demonstrated by producing a bank statement or credit card bill.

In addition, you might be told that your complaint is with the manufacturer, and that you will need to contact them.  Again, this is not true.  When you buy a product, you enter a contract with the retailer, and it is their obligation to make amends.

The third myth is that you cannot return an item bought in a sale; your consumer rights are just the same if you bought it at full price or a discount.

However, retailers have their rights too.  They are only obliged to refund or replace a product that is faulty or is not fit for purpose, so you are not entitled to a refund if the item in question is perfect.  But where goods are faulty, consumer protection legislation is firmly on the purchaser’s side.

"…you do not need a receipt when you return a product. All you need is proof of purchase…"

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