Lasting Power of Attorney

What exactly is a Lasting Power of Attorney

If you came to this site thinking that your family could manage your life if you became unable to, let’s make one thing clear.  Your family have no rights if you are over 18. Your husband or wife has no rights. Unless or until you make Lasting Powers of Attorney.

A Lasting Power of Attorney (LPA) is a document that can only be used whilst you are still alive, it gives someone you trust the ability to act on your behalf in matters relating to your;

  • Health & Welfare
  • Property and Affairs

There are two different types of  LPA, one that deals with each of the above.

Health and welfare lasting power of attorney

Use this LPA to give an attorney the power to make decisions about things like:

  • your daily routine, eg washing, dressing, eating
  • medical care
  • moving into a care home
  • life-sustaining treatment

It can only be used when you’re unable to make your own decisions.

Property and financial affairs lasting power of attorney

Use this LPA to give an attorney the power to make decisions about money and property for you, for example:

  • managing a bank or building society account
  • paying bills
  • collecting benefits or a pension
  • selling your home

It can be used as soon as it’s registered, with your permission.

You can have just one, either one or you can have one of each which is better, the more common one is the one that deals with your Property & Affairs as it’s the one that allows someone to pay your bills etc. if you are unable to do so due to mental incapacity or physical incapacity. However, more and more people are creating them both as the Health & Welfare LPA is vital to enable your nominated Attorney’s to talk to health care professionals, medical staff and Local Authority staff about your care and wellbeing.

Why should I have one?

  • To appoint the people you trust to help you if you need it.
  • To include guidance and Restrictions on how you would like your affairs managed.
  • To make things easy for your loved ones.

When should I have one ?

In ideal world everyone should have one but we do strongly recommend all our clients in their retirement age.

 

What happens if I don’t have Power of Attorney?

If you lose your mental capacity and you have not previously appointed a trusted person, then the state will step in and have full control over your affairs. At this point its too late and your family would need to go to court to regain control. That route is very costly / time consuming and stressful.   Do it now whilst you still have full mental capacity.  Check out Heather Bateman’s story in the video below.

Here is another case in point:

The judge described the situation as follows: “It is hard to imagine a more depressing and inexcusable state of affairs.

A defenceless 91 year old gentleman in the final years of his life was removed from his home of 50 years and detained in a locked dementia unit against his wishes. Had it not been for the alarm raised by his friend RF he may have been condemned to remain there for the remainder of his days.

There can be no doubt that ECC’s practice was substandard. They failed to recognise the weakness of their own case and the strength of the case against them. They appeared unprepared to countenance any view contrary to their own. They maintained their resolute opposition to P returning to his home until the last possible moment. In my judgment the conduct of ECC has been reprehensible. The very sad and disturbing consequences for P cannot be ignored.”

 

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