To do their job well, LPA attorneys must always consider the potential consequences of their decisions. All their decisions will be important, but some will more far reaching than others.
To help the attorney(s) the donor might well include ‘instruction’s or ‘preferences’ within his/her LPAs. However a very useful tool is missed out, a Will Access Authority. This is essential, as Attorneys have no legal right of access to the donor’s Will.
Imagine the situation. Your attorneys have to sell one of your assets, in order to contribute to the cost of your care? They have done nothing wrong and their actions are well within their legal remit. However, after your death your executors cannot fulfil your Will instructions regarding that asset, because it is no longer there! Your executors now have a partial intestacy to resolve!
This, and other Will related problems are so easily avoided if you provide your attorneys with the authority to view your Will.
Including this clause it is yet another reminder to you attorneys that they need to think about the consequences of their decision making.
All Life Planning LPAs will contain such a clause as standard