Lasting Powers of Attorney

It is an all too familiar story of relatives being unable to see loved ones due to the outbreak of coronavirus across the UK.

You may have seen the report in the news of the retired nurse who was arrested for taking her 97 year old mother, who was diagnosed with dementia, out of the care home in which she resided. The daughter hoped that she could look after her mother at her home as she was unhappy with the care that her mother was receiving.

Unfortunately, mother had not made a Lasting Power of Attorney for Health and Welfare appointing her daughter, therefore the local council was responsible for making these decisions. When the daughter removed her mother, the care home called the police and the daughter was arrested and the mother was returned to the care home.

When you do not have a Lasting Power of Attorney for Health and Welfare in place the local council has responsibility for your welfare, for example, washing, dressing, eating and medical care.
In retaliation the daughter decided to stop making payments to the care home in the hope that they would release her mother into her care. However, Social Services stepped in and advised that they would be putting mother into another care home and at the time the report was published in the news the daughter wasn’t aware of the name or address of the new care home.
If you would rather your loved ones make decisions about your health and welfare rather than the local authority then you should consider making a Lasting Power of Attorney for Health and Welfare.

Are you concerned this may happen to you? If so we can help you explore these issues in a friendly and informal way. If you would like to make an appointment, please contact Heppenstalls Solicitors on 01425 610078 or 01590 689500, or

Thank you for being so helpful at such short notice yesterday with providing the certified copy of Lasting power of Attorney - property & financial affairs for my Mother.  
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Danielle Harvey

Danielle qualified in 2011 and joined Heppenstalls in 2012 in our private client team. Danielle can advise on Will drafting, the preparation of Lasting Powers of Attorney, registration of Enduring Powers of Attorney, Court of Protection matters and estate administration.


STEP Associate member;  Full Accredited Member of Solicitors for the Elderly

To contact Danielle please call Lymington office 01590 689500 or New Milton 01425 610078.