Lasting Power of Attorney warning for farmers

By Napthens

12 Aug 2019

Website

{mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:8.0pt; mso-para-margin-left:0cm; line-height:107%; mso-pagination:widow-orphan; font-size:10.0pt; mso-bidi-font-size:11.0pt; font-family:"Arial",sans-serif; mso-fareast-language:EN-US;}

The importance of a Lasting Power of Attorney in the farming industry is being highlighted by a legal expert. 

Georgina Smith, solicitor in the Wills & Estate Planning team at regional law firm Napthens, a long-standing NFU panel firm, points out that farm owners could face issues which affect their ability to run the business and even make decisions themselves.

A useful way of addressing this and protecting a business and family is via a Lasting Power of Attorney (LPoA) - a legal document which can be prepared to allow someone else to help an individual make decisions, or make them on their behalf if necessary.

Georgina said: “Statistics show that agriculture remains one of most dangerous industries in the UK. This will come as no surprise to those involved.

“As part of future-proofing a farm business, the issue of making decisions about the business must be considered.

“There may be issues related to injuries which could impact someone’s decision making ability, or perhaps a medical diagnosis such as dementia.

“Anyone who is 18 who has capacity can make a Lasting Power of Attorney. There are two types, one to plan for property and financial affairs, the other for health and welfare. 

“Both types should usually be considered – historically many people focus on the property and financial affairs LPoA – often accompanied by a partnership agreement – but it is difficult to predict what assistance may be needed in the future.

“This will ensure that the attorney/s can make decisions about matters relating to the farming business –– but also that the needs of the individual are addressed by the Health and Welfare LPoA.”

The Property and Financial affairs LPoA will allow decisions to be made about matters relating to property, bank accounts and also the business. The Health and Welfare LPoA allows an attorney/s to make decisions, if an individual is unable, about everything from the daily routine to decisions over life sustaining treatment.

Georgina continued: “In effect, an LPoA is a like an insurance policy. Nobody can know if the documents will be needed but if something does happen, they can be assured that the farming business, along with any family, are protected as decisions are still able to be made.”

Enjoyed this? Read more from Napthens

Latest news

1

Villa at Wrea Green bought for £3.6m by Haythornthwaite family The Villa Wrea Green courtesy of The Villa Wrea Green

Villa at Wrea Green bought for £3.6m by Haythornthwaite family

16 Sep 2025

2

Fourth Lancashire Bodycare store to shut Nick Holloway of administrators Interpath

Fourth Lancashire Bodycare store to shut

16 Sep 2025

3

Family business relocates in Blackburn Tristar relocation

Family business relocates in Blackburn

16 Sep 2025

4

Taste Lancashire Producer Awards 2026 open for applications Taste Lancashire Producers awards

Taste Lancashire Producer Awards 2026 open for applications

15 Sep 2025

5

Stuart Buckley appointed head of sales and account management at Netcentrix Stuart Buckley

Stuart Buckley appointed head of sales and account management at Netcentrix

15 Sep 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Sub36 Networking - Follow the signs
Sub36 Deaf Village Social1200
Networking
17 Sep 2025

Sub36 Networking - Follow the signs

The Deaf Village, Blackburn, BB2 5EN

10:00 - 12:00

LBV124 September/October Launch Event
MBP Arc Cinema Preston Opening 205
Networking
18 Sep 2025

LBV124 September/October Launch Event

The Arc Cinema, Preston, PR1 2BL

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Preston Tech Connection - The Ultimate Tech Quiz!
Preston Tech Connection Sept 25.png.png
LBV Hub Networking
16 Sep 2025 - 16 Sep 2025

Preston Tech Connection - The Ultimate Tech Quiz!

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:00

Business Breakfast Networking Event
business workshop photo.png.png
LBV Hub Networking
17 Sep 2025 - 17 Sep 2025

Business Breakfast Networking Event

Media Factory, University of Lancashire, Preston, PR1 2HE

08:00 - 10:30

The Business Network Central & East Lancashire
LBV Hub Networking
17 Sep 2025 - 17 Sep 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Ladies Lunch
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
18 Sep 2025 - 18 Sep 2025

Ladies Lunch

Lancaster Golf Club, Lancaster, LA2 0AJ

12:00 - 16:00

Cumbria Business Expo 2025
https---cdn.evbuc.com-images-880461633-4862066883-1-original.20241022-110415.jpeg.jpg
LBV Hub Exhibitions
19 Sep 2025 - 19 Sep 2025

Cumbria Business Expo 2025

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

Preston Freelancer Meet-Up: September
Sept Freelancer (1).png.png
LBV Hub Networking
23 Sep 2025 - 23 Sep 2025

Preston Freelancer Meet-Up: September

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Your Business, Your Region: Making sense of devolution and Local Government Reorganisation
Chorley Council breakfast event new
LBV Hub Networking
23 Sep 2025 - 23 Sep 2025

Your Business, Your Region: Making sense of devolution and Local Government Reorganisation

Worden Hall, Leyland, PR25 3DH

08:00 - 11:00

Speed Networking with BNI
2.png.png
LBV Hub Networking
24 Sep 2025 - 24 Sep 2025

Speed Networking with BNI

Chorley Football Club, Chorley, PR7 3DU

16:00 - 19:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin