Having an LPA in place is not just for the elderly! It is recommended that a Lasting Power of Attorney be in place for everyone over the age of 18.
Covid-19, Car Accidents, Heart Attack, Complications in Surgery, Long-term illness and Mentally debilitating illnesses can effect you at any time. If you do not have a Lasting Power of Attorney financial decisions will be made by your Local Authority. If you do not have a spouse all medical decisions pass to Medical Professionals. Do they know what you would want??
A Lasting Power of Attorney (LPA) enables you to legally appoint a person you trust to make decisions about your personal welfare and/or property and affairs if you are unable to due to disability or if you lack mental capacity in the short or long-term.
(Mental Capacity Act 2005)
The LPA can be given in either or both of the two areas Personal Health and Welfare or Property and Financial Affairs. The decision to give the Lasting Power of Attorney must be done in advance of it being required and registered before use. The person giving the power must fully understand what he or she is agreeing to.
It is important that a Lasting Power of Attorney is made with a view to future possible use. Unfortunately, unforeseen occurrences and illness may prove the LPA too late to complete. Contact us now for more information
Only coming into place when you are unable to make the decisions yourself. Your appointed person(s) known as an attorney, would make decisions for you in relation to personal health and welfare. Carrying out any recommendations that you outlined in your LPA. Decision making can be restricted but generally covers all aspects of your day to day living. It is entirely up to you as to which powers of decision making are given to the attorney. As soon as you are able physically, or gain the mental capacity to make you own decisions then the power lapses until it is required again.
Again the key is planning ahead for the unexpected situation where through disability or lack of mental capacity you are temporarily (during an operation/suffer from Covid-19) or permanently unable to make decisions for your Property and Financial Affairs. The LPA would enable a person you trust to carry out day to day financial actions for you such as paying bills, managing online accounts or liaising with your financial advisor. Powers within an LPA can also include buying or selling your home. As with the Personal Health and Welfare LPA if at any point you become able physically, or gain mental capacity to make you own decisions then the power lapses until it is required again.
An LPA provides peace of mind that someone you trust will be taking care of your decision making at a time when you are vulnerable.
Who Would Typically Have a Lasting Power of Attorney ?
Please contact us for further information and to find clear answers to your questions.
