Ensuring that someone you trust is able to make decisions for you legally when you cannot is one of the most important measures you can put in place.
As we are living longer, the risks of developing dementia, Alzheimer’s or mental health issues increase. We are also leading more active lives, participating in dangerous sports and activities. Others may be financially dependent on you. How will your family manage if they cannot access your bank accounts? If you run your own business, who will pay the wages and suppliers if you lose capacity? Without a Lasting Power of Attorney (LPA) in place you leave yourself and your family vulnerable, and exposed to unnecessary stress and difficulty.
Without an LPA, no one has the automatic right to make decisions on your behalf. Your loved ones would need to apply to the Court of Protection to be appointed as your Deputy. This can be very costly and it can take six months to get a decision.
An LPA empowers you to keep involved for as long as possible in decisions made about your finances, and decide who makes those decisions when you can’t. It can assist to keep you in your home rather than being moved into residential care.
Our friendly and approachable private client solicitors will discuss the matter with you in a clear and easy to understand manner, before advising and assisting on completing LPAs.
There are two types that can be made:
- Financial and Property – this enables your Attorney to ensure your bills are paid, pensions and benefits collected, to manage your investments and rent or sell your home if you are no longer living there. You can grant powers to your Attorney to allow them to act when your mobility prevents you from operating your finances as well as when you are mentally unable to do so.
- Health and Welfare – this enables your Attorney to make decisions to ensure you get the care and treatment that you would want when you are unable to make these yourself. This can include decisions on life sustaining treatment.
We can also advise on Advance Directives (Living Wills) to supplement LPAs if required.