As important as making a Will.
If you have an accident or illness, you may think your spouse or other relatives will automatically be able to make decisions for you, but this is not the case.
You need Lasting Powers of Attorney to enable the people you want to be your voice, to have the practical powers they need, to be able to do the things you need to be done – and to make the best decisions for you in the event you become unable to make them yourself.
Find out why you need robust LPAs
Our Estate Planning Assessment will give you valuable insights into the concepts and provisions that might be applicable for your situation. Alternatively, you can contact us by phone or email.
What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document whereby you appoint the people you would trust to make decisions and manage things for you in the event you later become unable to do things yourself. This would be due to a loss of mental capacity, either temporarily or permanently.
There are two types of LPA; Property & Financial Affairs (P&A) and Health & Welfare (H&W). It is important to have both LPAs as you don’t want your Attorneys being able to pay for your care fees if they have no say in where you go into care, and vice versa!
‘Property & Financial Affairs’ (P&A) LPAs
P&A LPAs cover all decisions relating to your assets and money, including: having access to your bank account; paying your bills (including utilities, mortgage, insurance, care fees and treatments); maintaining, selling, buying or renting out your property; managing your benefits, pensions and investments and communicating with professionals such as financial advisors, accountants, and banks.
‘Health & Welfare’ (H&W) LPAs
The H&W LPA covers day-to-day care decisions, including where you should live, medical treatments you would (or wouldn’t) wish to receive, alternative therapies, expressing your personal wishes and beliefs and your end-of-life decisions.
A H&W LPA enables your Attorneys to speak to your medical, health and social care professionals on your behalf to ensure your wishes are known. This can determine the care and treatment you receive.
You can specifically give your H&W Attorneys the authority to ‘give or refuse’ consent to life sustaining treatment on your behalf and leave specific guidance for them in the LPA as to when you would (or wouldn’t) wish to be kept alive or resuscitated.
Why everyone should have a LPA
To understand the real-life implications of NOT having LPAs in place, read about the challenges Heather Bateman faced when her husband was involved in a tragic accident, or watch her tell her story on the BBC One Show:
Fantastic efficient service. I have complicated will and LPA requirements because of my multiple business interests, but Rachael makes the whole process so easy to understand. I now have peace of mind.
FAQs
If you don’t have LPAs in place when you lose the mental capacity to make your own decisions your family will need to apply for permission to act for you from the Government’s ‘Court of Protection’ (CoP).
The process of applying to become the CoP’s Deputy is a very stressful and expensive process, will take many months to complete, and cost thousands of pounds in legal and medical fees. Even after all that there’s no guarantee the CoP will grant your family members as their Deputies.
Many people mistakenly believe that if they are married and/or have joint accounts they don’t need LPAs. However, without them joint bank accounts can be frozen and you will have no authority to make decisions for your spouse or partner if they become mentally incapacitated.
- Peace of mind for you and your family
- Practical powers for your Attorneys to be able to assist you at a time you need it the most, in the way you would want them to
- Avoiding the stress and expense of having to deal with the Court of Protection