In the unfortunate event you were to ever lose your mental capacity to be in control of your financial or health affairs
This could be due to illness or an accident, a Lasting Power of Attorney (LPA) will allow those close to you to make decisions on your behalf where you lack capacity to.
There are two types of Lasting Powers of Attorneys (LPA’s) an individual can make:
1.Property and Financial Affairs
2.Health and Welfare
The property and financial affairs LPA, allows the appointed individual to manage your transactions regarding your property as well as having access to your bank accounts and handling your investments etc.
A health and welfare LPA enables your appointed individual to make decisions as to the medical treatment you receive if you are unable to make the decision yourself. They can make decisions in your best interest and respect your wishes as they are likely to know you better, being a close friend or family member.
Our expert legal team here at Wainwright & Cummins can walk you through both property and financial affairs LPA’s as well as health and welfare LPA’s to ensure your assets are in place and your wishes are fully respected. Call 0207 095 5700, email jonathan.cummins@wainwrightcummins.co.uk or make an online enquiry here and we’ll be in touch.
If you do lose mental capacity and have not made an LPA this can be detrimental, as no one is appointed to take care of your affairs. Not even your next of kin will have the authority to deal with your financial affairs or make decisions regarding your medical treatment, even if you are married.
An application can be made to the Court of Protection for a Deputy to be appointed. These types of applications are often made by close friends and family but can also be made by solicitors, but often not having Lasting Powers of Attorney means you do not get to choose who you want to deal with your affairs.
It is possible to appoint someone to handle the property and financial affairs and your health and welfare just like an LPA. However, this is a far more challenging process, as various assessments of capacity need to be made, as well as various applications and processes need to be followed. Therefore, this process is lengthy and expensive. Also on most occasions, it is difficult to be appointed Deputy over property and financial affairs.
If your health were to deteriorate, your closest loved ones would already be worried over you facing a severe illness for a long period of time. They would also have the added burden of not being able to access much needed finances. The additional risks involved could also mean a delay in making decisions regarding much needed medical treatment or not to receive certain treatments. The process of the Court of Protection can be last a long time, which could mean a further deterioration of health.
Making an LPA is far more cost effective and responsible than the costs involved in appointing a Deputy by the Court of Protection. It is far less stressful and intrusive. It is best to create your Lasting Powers of Attorney along with your Will. According to WHICH?, nearly 22,000 LPAs are rejected every year, so it is imperative your LPA is made correctly and that you get these important legal documents right by consulting an experienced LPA solicitor.
If you would like a consultation regarding your Lasting Powers of Attorney, please contact our specialist team by calling; 0207 095 5700, send an email to jonathan.cummins@wainwrightcummins.co.uk or make an online enquiry here and we will get back to you.
