“Teaching was my calling, but it wasn’t until I left the classroom that I realised how little we talk about protecting what we’ve worked so hard for. Most teachers I know are so busy giving to others that they rarely take the time to prepare for their own future. That’s where I come in.” Pete Thompson Director at Freedom Wills & Protection Ltd.
“Do you know anything about the Court of Protection (CoP)?” This was the question asked by a teacher friend a few weeks ago, as we prepared to play a game of evening cricket together.
As someone who specialises in Wills and Powers of Attorney, this is the type of question I get asked all too frequently. With some trepidation, and knowing that it was almost certainly too late for me to be of much help, I replied, “Yes, what’s happened?”
He went on to tell me that his mother, also a teacher and recently retired, had suffered a serious stroke. The doctors had told the family that she no longer had mental capacity to make decisions for herself and was unlikely to make much of a recovery. With no Powers of Attorney in place to give loved ones the legal authority to make decisions on her behalf (“Mum was fit, healthy and sharp as a tac, so had said she didn’t need to sort those yet”), the family now found themselves having to start the expensive, lengthy and administratively burdensome task of making an application to the CoP for a deputyship order.
A Huge Financial Stress
In the intervening weeks and months, my friend and his sister will somehow have to find over £6,000 per month for their Mum’s care, as they don’t have the authority to access her money. A huge financial stress on the family at one of the most emotionally difficult moments of their lives, and, other than offering some basic advice and referring them to some fellow professionals who specialise in CoP applications, there wasn’t a lot I could do to improve their situation. Unfortunately, this is too often the case and a heartbreaking situation for the family.
Helping Teachers To Help Themselves (& Their Loved Ones).
Having been a teacher myself for nearly ten years, I am well aware of the pressures on teachers’ time and how the focus is always on what you can do to help and support others. It comes as little surprise, then, that persuading teachers to do something for themselves and their own family, such as making Wills and Powers of Attorney, is often a challenge, to say the least!
Here Are My Top Tips For Protecting You & Your Loved Ones
- Speak to each other.
Talking about death or getting seriously ill can be difficult for many people, but try to make time to have important conversations with family, where you can share your wishes and priorities. This can help avoid confusion or fallouts in the future and often helps bring people closer. - Make a Will.
Making a Will is the only way to ensure that your wishes are respected and followed when you’re gone. Without a valid, up-to-date Will, the people you care about most may not inherit anything from you. Even worse, the wrong people may end up with your money or being in charge of your children and/or distributing your assets. - Get Lasting Powers of Attorney (LPAs) in place.
The list of decisions that need to be made and organisations dealt with on a daily basis is
seemingly endless. Trying to do all of that for an incapacitated loved one, when those
organisations will refuse to speak to you or let you access vital funds when they’re needed
most, can make difficult and distressing times so much worse. LPAs allow you to appoint
people you trust to make decisions on your behalf if you’re unable to, keeping you and your
family protected. - Good, personalised advice is key.
Short-term gain can cause long-term pain. Nobody likes family fallouts or huge tax bills, so the cheapest or quickest option is rarely the right solution when making such important decisions and documents. A properly qualified and experienced professional will take the time to find out about your situation and priorities, provide you with valuable advice and guidance, and create legally valid documents that are bespoke to your circumstances. - Don’t put it off!
There is always something else that jumps to the top of our to-do list, but what could be
more important than looking after ourselves and those we love? Make protecting yourself
and your loved ones a priority. It will provide you with valuable peace of mind and, I
promise, you will have no regrets.
Pete Thompson is a member of the Society of Will Writers, an affiliate member of STEP and Director at Freedom Wills & Protection Ltd.
Email: pete@freedom-wills.co.uk
Website: www.freedom-wills.co.uk
FAQ’s
What is a will and why do teachers need one?
A will is a legal document that sets out how you want your assets, finances, and responsibilities (like guardianship of children) distributed or handled after your death. Teachers, like anyone else, need one to ensure their wishes are carried out and loved ones are protected.
What are Powers of Attorney (LPAs)?
Lasting Powers of Attorney allow you to appoint someone you trust to make decisions on your behalf if you cannot—either for your finances or personal welfare. Without LPAs, families may struggle to access funds or make legal decisions if someone becomes incapacitated.
What happens if someone dies without a will?
If there’s no valid will, your estate is distributed according to intestacy laws, which may not align with your wishes. It can also cause lengthy legal processes, financial burden, or uncertainty for loved ones.
What is the Court of Protection and when does it get involved?
The Court of Protection (CoP) in the UK oversees situations where individuals lack mental capacity. It can appoint deputies to make decisions on financial or personal welfare matters when there is no Power of Attorney in place.
How can teachers start making a will & Powers of Attorney?
- Talk with family/friends about your wishes.
- Find a qualified legal professional or will writer.
- Make sure documents are properly drafted and valid.
- Keep them updated as life changes (marriage, children, assets).
- Store them somewhere accessible and let people know where they are.
What are the risks of delaying estate planning?
Delaying can lead to confusion, financial burden, legal complications (especially through the CoP), and leaving loved ones with difficult bureaucratic hurdles in stressful times.
