Thinking and talking about what would happen if our faculties deserted us is uncomfortable.
Many people do not realise that there is no automatic legal authority for a family member to manage their affairs if they lose the capacity to make their own decisions.
A Lasting Power of Attorney made before the onset of age related or other mental incapacity is the solution.
There are two types of Lasting Power of Attorney (“LPA”):
Property and Financial Affairs
This will give the person you empower authority to make decisions about things like managing bank accounts and investments, paying bills, collecting benefits or pension payments running a business and selling your home to pay for your care. You will of course be able to dictate the trigger date or event when such a power comes into effect.
Health and Welfare
This will authorise decisions about things like your medical treatment and care, your living arrangements and day to day matters such as your diet. This type of LPA can only be used when you have lost the capacity to make these types of decisions for yourself.
Both types of LPA can be put in place at any time (as long as the person giving the power to another has mental capacity).
There are certain requirements and regulations which need to be followed under the Lasting Powers of Attorney and Capacity Act 2018 for an LPA to be valid. Charles Gomez & Co. has a good deal of experience in this area and our specialists will be happy to assist you.
You may be thinking "this doesn't affect us, we're perfectly well". This is a common misunderstanding. The key thing to remember is...
You can only set up a Lasting Power of Attorney when you have mental capacity. Once you've lost capacity, it's too late. Thereafter an application to the Court of Protection must be made.