The Sir Ranulph Fiennes case – the hidden risks of not planning ahead

Sir Ranulph Fiennes, named the “world’s greatest living explorer” by the Guinness Book of Records, is well known for undertaking some of the most challenging expeditions, including being the first person to reach both the North and South Poles by surface travel, summiting Mount Everest at the age of 65 and completing seven marathons on seven different continents in seven days. Following the death of his first wife, Ginny, from cancer, he has raised £6.3 million for Marie Curie Cancer Care and was named the UK’s top celebrity fundraiser in 2011.

What has happened?

Recent media coverage has shone a spotlight on the care arrangements of Sir Ranulph Fiennes. Reports suggest that the 82-year-old, who has Parkinson’s disease, has not been seen publicly for some time.

Concerns have been raised by friends and family members who allege they are unable to find out where he is, having been unable to contact or visit him. It has also been reported that Sir Ranulph has been moved between different care homes and, in some instances, registered under an alternative name, leading to further scrutiny of the care arrangements in place.

His second wife, who is reported to hold a Lasting Power of Attorney, has seemingly been responsible for making decisions on his behalf, leaving members of his family in the dark as to his location and the care being provided for him.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows an individual to appoint one or more trusted people (the Attorneys) to make decisions on their behalf. There are two types of LPA, one which allows the Attorneys to deal with Property and Financial affairs, and one for Health and Welfare.

Who should be my Attorney?

An LPA may be one of the most powerful legal decisions you can make, as it means another person can make decisions on your behalf should you become unable to do so yourself. Those decisions could relate to your home, your finances, your care and medical treatment and where you live.

The person you choose needs to be someone you trust and who will respect your decisions, and who has the ability and judgment to act in your best interests, taking into account what they believe you would have wanted when making decisions that you are no longer able to make for yourself.

In some cases, appointing a professional may be the best solution, where there is no one suitable to act as attorney.

How many Attorneys should I have?

There is no maximum number of Attorneys you can have, although it is usual to have between two and four. If you appoint more than one Attorney, you can require them to make decisions together, or allow them to make decisions either together or independently.

The risks of having just one Attorney

One of the risks of appointing a sole Attorney is that, if they make decisions that are not in your best interests or fail to respect your wishes and values, there may be very little oversight of those decisions.

As an LPA is a legally binding document, and although the Office of the Public Guardian and the Court of Protection can intervene, it can be difficult for other family members to challenge or become involved in decisions being made on your behalf. This can lead to concerns about a lack of transparency, inappropriate care or living arrangements, or the mismanagement of finances.

The importance of planning ahead

The circumstances reported in the Fiennes case highlight a reality many families face – losing capacity can place enormous emotional and practical pressures on loved ones. What can be taken from this case is that creating your LPAs is one of the most important steps you can take to protect your future, with careful thought being given to who you choose to make your decisions for you when you are no longer able to.

A properly prepared LPA can provide reassurance that:

• The right people will make decisions on your behalf.
• Your wishes are more likely to be followed.
• Family members understand their responsibilities.
• Uncertainty and disputes can be minimised.

An LPA is not simply a document to be completed later in life. LPA should not be treated as a paper filing exercise and specialist advice should be sought to ensure that your LPA is  prepared to meet your individual circumstances.

Bespoke LPA is an essential part of future planning that can protect both you and your family during challenging circumstances.

Get in touch with our experts

Do not underestimate the importance of having your LPAs prepared by a suitably qualified professional. Expert advice can help ensure that each LPA is genuinely tailored to your individual circumstances.

If you need advice on preparing a Will or Lasting Power of Attorney, please contact our team on 01202 525333.