Former Corrie star’s mother arrested for taking mum, 97, from care home. The Importance of Lasting Powers of Attorney for Health and Welfare

27th November 2020 Wills, Trusts & Estate Planning

An unfortunate story that caught our attention in the news recently was that of Ylenia Angeli, 73, who was detained by police after trying to remove her mother, who has dementia, from a care home in east Yorkshire. Ms Angeli's daughter, former Coronation Street star Leandra Ashton, filmed the distressing scenes, where a now widely circulated video shows Ms Angeli handcuffed inside a police car.

Ashton had gone to the home with her mother for their final ‘window visit’ before new Coronavirus lockdown measures were introduced, having previously had no physical contact with her grandmother in nine months.

Ashton has been quoted as saying, “my mum pushed into the care home to hug my grandma who has dementia. She then quietly wheeled her out. My mum is a trained nurse and wished to care for my nan at home, but we only have power of attorney for my nan’s finances and not for her wellbeing, so my mum was arrested because she refused to take my nan back to the care home.”

Unfortunately, if Ms Angeli had a Lasting Power of Attorney for Health and Welfare in place for her mother, the situation would have turned out differently…

A Lasting Power of Attorney for Health and Welfare authorises your attorney(s) to make decisions concerning your health and your welfare. Effectively, this document covers you on a personal level rather than on a financial level (as per the LPA for Property and Finance). It also covers decisions about your diet, dress, medical treatment, and most importantly in this case, where you should live. The document can only be used by your attorneys at a time when you lack sufficient mental capacity to make such decisions yourself.

Therefore, had an LPA for Health and Wellbeing been in place, Ms Angeli would have had the authority to take her Mother from the care home, avoiding the distressing scenes that took place last week. Unfortunately, horror stories such as the above are more common than one would think, highlighting the importance of planning for future eventualities.  

Our expert wills, trust and estate planning solicitors have helped people from many backgrounds to set up an LPA, and are dedicated to making the process as simple and stress-free as possible, giving you peace of mind that your affairs will be taken care of properly.

We can walk you through the entire process, helping you select individuals who are trustworthy and will make decisions with your best interests in mind, advising on any safeguards or instructions that you want to include, and assisting you with all of the necessary paperwork and legal procedures required to put together a document that reflects your specific needs.

JMW Solicitors is highly experienced in this field, and our team are often asked to give seminars on wills, trusts and estate planning, Inheritance Tax and other related topics. Several of our lawyers are also members of the highly-respected Society of Trust and Estate Practitioners (STEP), further underlining our expertise.

For more information on LPAs, or to speak to a solicitor about creating an LPA, call JMW on 0345 872 6666. Alternatively, you can fill in our online enquiry form and we will get back to you.

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Jac Evans is a Trainee Solicitor located in Manchesterin our Trainee Solicitors department

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