18 November 2024
Lasting Powers of Attorney - Before it's too late
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Lasting Powers of Attorney are one of the most important documents you need during your lifetime. Many people do not realise their importance until it is too late.
As we have noticed an increase in enquiries where people have left it too late to put an LPA in place, we thought it would be helpful to bring their importance to the forefront.
There are two different types of LPAs, both equally important. One for Finance and Property and another for Health and Welfare decisions.
You take control
By putting LPAs in place, you are taking control of what happens if you were to lose capacity, whether that be due to an accident or illness, you have the say so in who will be able to deal with your affairs when you no longer can. You can appoint whoever and however many people you want to be your attorney(s), you must ensure that you can trust whoever you appoint.
Saving money in the long run
If you were to lose capacity without an LPA in place, anyone who would want to be your attorney would have to apply to the court for a deputyship order to be granted the same authority. It is a very lengthy and expensive process to become a deputy which could be avoided if you already have LPAs in place. Due to the application being made once you have already lost or are lacking mental capacity and cannot make decisions for yourself, the court are very cautious when granting deputyship orders to be sure that the appointed person would definitely be acting in the donor’s best interests. When you become a deputy, you have to send an annual deputy report to the Office of the Public Guardian every year explaining the reasons and decisions behind every expense, this is an additional obligation which is not a requirement when LPAs are in place.
To become a deputy for Health and Welfare is an even steeper hill to climb. The term ‘next of kin’ has no real meaning in the legal world. It is extremely rare to be granted a deputyship order for health and welfare decisions as the court will usually make most decisions themselves rather than appointing a deputy. The best way to safeguard yourself to ensure that you are looked after in the future is to put in place an LPA for Health and Welfare decisions, that way you know someone who you trust will be there to make those decisions for you on your behalf, such as where you live or any care or treatment you receive if you lose capacity.
Convenience
Using an LPA does not have to mean that you aren’t able to make your own decisions but rather if you simply don’t want to you can pass the responsibility onto someone else you trust. This can make day-to-day tasks much easier, especially if you have mobility issues or are away from home. By having an LPA in place, your trusted person(s) can go to your bank, pay your bills or deal with any other financial institutions on your behalf with the peace of mind that they have the legal authority to do so.
Don’t leave it too late. We are experiencing an increase in enquiries where people have left it too late to put in place LPAs, causing difficulties for their families as they try to navigate through an already difficult time in their lives. Trying to put someone’s affairs in order after they have lost capacity creates additional stress, costs and delays. Contact a member of our team today to discuss putting in place Lasting Powers of Attorney or if you need assistance with a Deputyship application.
