Approximately 60% of people do not have a Will and, even less have Lasting Powers of Attorney (LPAs).
Life is unknown and a person’s mental health can often drastically change, resulting in them losing mental capacity as the result of a stroke, accident or simply dementia. LPAs are therefore vital and can be of use now, not just when you are in later life.
It is important to remember this does not mean giving up complete control as an LPA allows you to choose who can make important decisions for you, when you are unable to do so for yourself.
You prepare LPAs whilst you are alive and before you lose mental capacity, so the earlier the better, which gives power to another person (your Attorney) to act in your best interests and on your behalf when you are unable to do so. There are a variety of situations when LPAs may be useful, especially as illnesses such as dementia aren’t just applicable to the elderly. An LPA would also be wise to have in place in the event you suffer a brain injury sustained in an accident and this could occur at any age.
It is a common misconception that a spouse will automatically be able look after the affairs of their partner. Without a valid LPA this is simply not the case and you will be left unable to assist your loved one regarding their property, finances (bank accounts), and welfare issues.
There are two types of LPA:-
Property and Financial Affairs
This will allow your chosen attorney/attorneys to:-
- Manage your bank accounts, including paying bills and withdrawing money
- Paying your mortgage or rent
- Sell your property on your behalf
- Make gifts on your behalf
- Manage your investments and/or pensions
Health and Welfare
This will allow your chosen attorney/attorneys to:-
- Decide where you should live
- Decide what medical treatment you should have
- Make decisions as to your everyday care
- What you eat, wear and who can visit you
- Make decisions regarding life-sustaining treatment
Without an LPA, you would need to apply for a Deputyship Order from the Court of Protection, which is often far more costly, time consuming and stressful for all those involved.
If you would like to discuss any Lasting Power of Attorney or Court of Protection related matters with one of our solicitors, please call our office on 0207 431 1912 or email Karen O’Brien – karen@solts.co.uk