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Early signs of a loss of memory are an uncomfortable reminder of the aging process, and are certainly no joke – particularly if you haven’t put in place the right provisions… 

Some of us expect we will inevitably suffer from dementia, a stroke, or other debilitating conditions in our old age that could result in a loss of mental capacity, but a loss of mental capacity isn’t limited to issues in old age, it could happen to anyone at any time; through a serious accident, an illness or a stroke for example – and the younger you are, the longer you might live with such a condition. 

Sadly, few people have any idea what the practical implications are if they or a loved one becomes unable to make decisions for themselves due to a loss of mental capacity.

Essentially, you will find yourself in a position where you can’t make decisions on a loved one’s behalf, spend their money – even on day to day bills, or authorise the types of treatment they would or wouldn’t want to receive, without the Government’s ‘Court of Protection’ getting involved – a very expensive and long-winded process – until they either recover or die, which could be decades! That is, unless they have written Lasting Powers of Attorney (LPA) in advance.

Lasting Powers of Attorney are documents you make while you have mental capacity, to appoint people to make decisions for you and manage your affairs should you become unable to do it yourself – due to a loss of mental capacity.  They come as a pair, one looking after your “assets” – the ‘Property & Financial Affairs’ LPA, the other looking after “you” – the ‘Health & Welfare’ LPA.

It is very important to set your LPAs up correctly – so they appoint the right people, in the right way, to act at the relevant time – as Attorneys or Replacement Attorneys.  It is equally important to leave them the right instructions and guidance as to what you would and wouldn’t want them to do, and to give them the right authorities to make the required decisions. Though you can draft your LPAs yourself, the old adage is very true that “you don’t know what you don’t know” and it is always best to get them professionally drafted.

Heir Tight Wills are experts in writing Lasting Powers of Attorney and talking you through the potential pitfalls. Whilst no one wants to think about mental health problems – whether in later life or the potential for a serious accident or illness at any time, writing LPAs now could save you and your family considerable cost and grief in the not too distant future. 

For a FREE Consultation to discuss writing Lasting Powers of Attorney, contact Rachael Rodgers on 0845 519 7585, or CONTACT US via email.

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