Conversations that matter · free monthly webinar series from Consultus Care and Nursing
Webinar 04 · Wills and power of attorneyWho can act if mum no longer can?
Trying to work out who is allowed to speak for a parent, what a will actually covers, and what needs to be in place before it is needed can feel overwhelming. This free webinar explains, in plain English, what a Lasting Power of Attorney does, what a will does and does not do, and how families put the right protections in place.
These questions usually arrive after a stroke, a fall or a dementia diagnosis, when a family finds out that being next of kin does not give them the right to speak to the bank or make decisions about care, and there is very little time to work out what to do.
Next of kin is not a legal status. Without a Lasting Power of Attorney, a family has no automatic right to manage a parent's money or make decisions about their care once that parent can no longer decide for themselves. The alternative is an application to the Court of Protection, which takes months and leaves the choice of who acts to the court rather than the family. Source: gov.uk guidance on Lasting Power of Attorney and Court of Protection deputyship, England and Wales.
Andrea Kershaw, a solicitor at Thackray Williams, takes an hour to go through them properly. No jargon. No assumed knowledge. No sales presentation. Just clear, practical information to help you understand what needs to be in place, and how to go about it.
You are not the first family to ask any of this
The legal side is usually the part families discover last, not because anyone has been careless, but because nobody hands you a guide to it, and most people only find out what is missing when something has already happened. These are the questions that come up on our calls week after week. There is nothing unusual about a single one of them.
If any of these sound familiar, you are in very good company. This hour is about giving you straight answers to them.
Six questions, answered properly
Who can act if mum no longer can?What a Lasting Power of Attorney does, the two types and what each one covers, and why being next of kin is not enough on its own.
What does a will actually cover?What a will does after someone dies, what it cannot do while they are alive, and why most families need both a will and a Lasting Power of Attorney.
What happens if nothing is in place?The Court of Protection route, how long it takes, what it involves for the family, and why it is worth avoiding where you can.
Is it too late after a diagnosis?What capacity means in legal terms, why a diagnosis on its own does not close the door, and how it is assessed.
How is the family home protected?What estate planning actually involves, how it relates to care, and the questions worth asking early.
What do families most often get wrong?The gaps and mistakes Andrea sees most often, and what it takes to put the right protections in place.
Who this hour is for
- Adult children who have just been told the bank cannot discuss a parent's account with them
- Families whose parent has a will and are not sure whether that is enough
- Anyone whose parent has recently had a stroke, a fall or a dementia diagnosis and wants to know what can still be put in place
- Couples who would like to sort this while they have plenty of time and all the choices
- Families thinking about how the family home is protected for the people they love
- Anyone who would like the whole thing explained once, properly, in plain English
Andrea Kershaw
Solicitor at Thackray Williams specialising in wills, Lasting Powers of Attorney and estate planning for later life
Andrea advises individuals and families on the legal side of later life, with a calm, plain English approach to subjects that can otherwise feel daunting. She helps families put the right protections in place, well before they're urgently needed. On this webinar she answers the questions families most often bring to her the same way she would across a table: clearly, without jargon, and without assuming any prior knowledge.
Over 60 years of caring for families, at home
Family-owned since 1962, Consultus is one of the UK's most established specialists in live-in care and nursing. We hand-pick experienced carers who provide one-to-one support in your loved one's own home, day and night.
In six decades we have sat with a great many families at the moment these questions come up. Conversations that matter is our monthly webinar series, our way of putting clear answers in front of people before they are making decisions under pressure.
Upcoming live sessions
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Watch previous sessions
Every session in the Conversations that matter series is recorded and made available on demand. Enter your name and email on any session below and we'll send you straight to the recording.
Understanding dementia, and how to support someone you love
Beth Britton MBEDementia campaigner, consultant and author
Watch the recording →Preventing falls and staying independent at home
Frances LamberthFairhand Visiting Physiotherapists
Watch the recording →Financing later life care
Toby WinyardLester Brunt Wealth Management
Watch the recording →Common questions
Is being next of kin enough?
This is the one families are most surprised by, and the honest answer is no. Next of kin is not a legal status in England and Wales. It does not give anyone the right to manage a parent's bank account, sign on their behalf or make decisions about their care once they can no longer decide for themselves. That is what a Lasting Power of Attorney is for, and Andrea explains exactly what it covers and how it is put in place.
Dad already has a will. Does that cover it?
Not on its own. A will only takes effect after someone has died. It says nothing about who can act for them while they are alive but no longer able to manage things themselves. That gap is where most families get stuck, and it is why the session covers wills and Lasting Powers of Attorney together rather than one or the other.
Is it too late if mum has already been diagnosed with dementia?
Not necessarily, and this worries people far more than it needs to. What matters legally is whether someone still has the capacity to understand and make the decision at the time, and a diagnosis on its own does not settle that. Andrea explains how capacity is assessed and what the options are at each stage, including what happens if a Lasting Power of Attorney is no longer possible.
Will you be advising on our family's situation?
No, and it is worth being clear about why. Every family's circumstances are different, and the session is general information about how the law works rather than advice about any one person's affairs. You will come away knowing what the documents do, what needs to be in place and what questions to ask, which is what most families tell us they were missing.
Can I ask a question without other attendees seeing it?
Yes. Questions submitted through the Q&A panel go to the host and speaker, not to the other people watching. These can be difficult things to ask in front of others, so please ask whatever you need to.
Is this a sales pitch for legal services?
No. Andrea is there to explain how wills and Lasting Powers of Attorney work, not to sell anything on the call. The session is general information rather than legal advice, and there is no obligation of any kind.
How much does the webinar cost?
Nothing. It is completely free to attend, with no charge and no obligation of any kind.
Will I be on camera?
No. All attendees join in listen only mode, so your camera and microphone stay off throughout. You can watch quietly from home, and other attendees cannot see who else is there.
What if I can't make it live?
Register anyway. We send the recording to everyone who signs up, so you can watch it whenever suits you.
Is it suitable if we have nothing in place at all?
Yes, and most people watching will be in exactly that position. The session is built for families right at the start of thinking about this as much as for those already in the middle of it. No prior knowledge is needed and nothing is assumed.
You do not have to work this out on your own
One free hour on who can act for a parent, what a will does and does not do, and what needs to be in place before it is needed. Register and we will send the joining link, a reminder, and the recording afterwards.
Save my free placeThis webinar is general information about how wills and Lasting Powers of Attorney work in England and Wales. It is not legal advice, and your own circumstances will differ.