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

WHN Solicitors invests in leadership with senior promotions Katie Wright and Eleanor Longworth

WHN Solicitors invests in leadership with senior promotions

06 Nov 2025

2

Blackburn and Burnley companies strike gold at regional manufacturing awards Chloe Baine from MGS Plastics with Dan Hulme of Inspired and then Abby Watson from Safran presented award by Dawn Huntrod.

Blackburn and Burnley companies strike gold at regional manufacturing awards

05 Nov 2025

3

Rosebud named as judging partner for Red Rose Awards Red Rose Awards 2025 scene

Rosebud named as judging partner for Red Rose Awards

05 Nov 2025

4

Blackpool Council moves forward with plans for first data centre as part of Silicon Sands Artists impression of how Silicon Sands could look

Blackpool Council moves forward with plans for first data centre as part of Silicon Sands

04 Nov 2025

5

Monks Contractors eyeing expansion after deal Monks Contractors new vehicles for Lancashire Renewables

Monks Contractors eyeing expansion after deal

04 Nov 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
November / December 2025 Magazine Launch Event
Holiday Inn Hotel
Networking
19 Nov 2025

November / December 2025 Magazine Launch Event

Holiday Inn, Blackpool

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

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Chamber Breakfast Networking – November
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
06 Nov 2025 - 06 Nov 2025

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Lancashire Police business update with The Police and Crime Commissioner
Lancs-cham-logo.jpg.jpg
LBV Hub Roundtables
10 Nov 2025 - 10 Nov 2025

Lancashire Police business update with The Police and Crime Commissioner

Lancaster Castle, Lancaster, LA1 1YN

14:00 - 16:00

AI, Creativity, and what it means to be human
2.jpg.jpg
LBV Hub Networking
11 Nov 2025 - 11 Nov 2025

AI, Creativity, and what it means to be human

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:00

Beyond the Brand: Building trust through values and integrity
1.png.png
LBV Hub Networking
11 Nov 2025 - 11 Nov 2025

Beyond the Brand: Building trust through values and integrity

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:00

The Great Winter Pie and Pea Social
Logo.jpg.jpg
LBV Hub Social
12 Nov 2025 - 12 Nov 2025

The Great Winter Pie and Pea Social

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 20:00

The Business Network Central and East Lancashire
LBV Hub Networking
13 Nov 2025 - 13 Nov 2025

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

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