Saturday 17th September, 2022
Lasting Power of Attorney – Things for an attorney to consider when investing a donor’s funds
Lasting Powers of Attorney naturally raise a number of difficult circumstances and considerations for the attorney responsible for the donor's finances. With the cost of care costs spiralling, managing money effectively for attorneys has become a nightmare. Attorneys are worried that a failure to invest at least some of the funds available will result in them running out of money to fund the donor’s care costs. However, the risk of potentially losing money by investing in asset backed investments is equally daunting. Some even question their authority to do so. I feel genuine sympathy for their plight. A vast number of attorneys are simply the concerned offspring, with no professional investment or legal background, looking to manage their parent’s assets in a way that will protect their mum or dad’s financial future. For many of them, the high care costs mean that they are watching the funds available become more and more depleted on a monthly basis. Unfortunately, there is no silver bullet in this situation. There are no cash deposits offering fantastically high rates of return with minimal levels of investment risk. The greatest security for many may come from purchasing an immediate needs annuity, but the prospect of paying a considerable sum for an income that may only last a matter of months, is an unpalatable option. This is a very complex area, and it is crucial for any attorney thinking about investing a donor’s money, to take financial advice. In this article, I have looked at case law to try and determine the circumstances in which it is suitable for the attorney to invest the donor’s money. Furthermore, I have highlighted some principles and considerations that may help attorneys to decide whether they should be looking to invest to maximise the donor’s returns.
Read moreMonday 12th September, 2022
Pension death benefits – a guide to what happens to pensions upon death
What happens to my pension when I die? The demise of the final salary pension for the majority of people in the private sector, and the large drive to auto-enrol employees into employment related money purchase pensions, has resulted in a spike in the average value being built up by individuals in their pension pots. For many, the value of their pension built up over a lifetime, may now rival the value of their house. With so much value held in pension pots, many more people are now asking what happens to their pension when they die. I have therefore written an article which first looks at the changes which have occurred in the pension landscape with regards to retirement options and the treatment of pensions upon death, before looking at how the state pension, final salary pensions and money purchase pensions are each treated upon death under the relatively new pension freedoms. This is a complex area and if you have any questions, please don’t hesitate to give Atticus Financial Planning a call.
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