Partner Article

Mills & Reeve highlights importance of lasting power of attorney after seeing CJD cases increase

A sharp rise in CJD cases and a lack of financial planning is creating a potential ‘time bomb’, warns Manchester legal firm Mills & Reeve.

A noticeable increase in CJD (‘mad cow disease’) cases, followed by the news that one in 2,000 UK citizens could be carrying the disease[1] has prompted the warning from Stephen McCann, a consultant at Mills & Reeve’s Manchester office who specialises in wills, trusts and lasting powers of attorney. He is urging people who do not have a lasting power of attorney in place to address this, in case the worst should happen.

A lasting power of attorney means nominating someone to be in charge of your financial affairs and estate if you lose mental capacity. It only comes into effect if you become unable to make decisions and does not mean an attorney can take control when you are healthy unless you have authorised them to do so.

Stephen explains: “CJD is a disease which can quickly and severely affect mental capacity and a recent personal experience of a young mother who suddenly contracted the disease really highlighted the effect that not having a lasting power of attorney can have on a family who are unprepared. The mother who had primary school aged children, was responsible for all household finances, including online banking and credit cards, which her family were unable to access.

“Without a power of attorney in place usually the only solution for the family is to apply to the Court of Protection for deputyship but this can be a costly and time-consuming process and often adds to the emotional burden of the family.

“A lasting power of attorney is something that can be quickly and easily organised, avoiding a lengthy, drawn-out process for loved ones in difficult times. I would advise anyone who wants to organise a lasting power of attorney to speak to a legal adviser as their first port of call. The important message is that making a power of attorney is not just relevant for elderly clients it is something that people of all ages should consider.”

This was posted in Bdaily's Members' News section by Jack Williams .