Thinking and
talking about what would happen to our affairs if we were to suddenly lose
capacity is not something we like to think about, but unfortunately these situations do
happen and
usually without warning. It is therefore important to put provisions in
place to avoid any problems occurring in the event the unforeseen should happen.
One way to do this, is to
prepare a Lasting Power of Attorney.
A Lasting Power of Attorney, is
a legal document that allows you, ( whilst you are well and still have
capacity ), to appoint someone ( who would be known as your Attorney ) to make
important decisions on your behalf, in
the event that you can no long make
these decisions yourself, in relation to either your Property & Financial
affairs, or in relation to your Health & Welfare.
The
role of an Attorney is a very important and responsible one, and Attorneys can be
granted quite considerable power to deal with your property and financial
affairs and / or your health and welfare. It is therefore vital that you appoint
someone to act as your Attorney, that you trust.
There are 2 different types of
Lasting Power of Attorney that can be prepared: A Lasting Power of Attorney
( Property and Financial Affairs ) and a Lasting Power of Attorney ( Health and
Welfare ).
Under a Property and Financial Affairs Lasting Power
of Attorney, an Attorney will be able to
make decisions on your behalf about anything in relation to your property and
financial affairs, such as paying bills, accessing bank accounts, to selling
your home. Whereas under a Health and Welfare Lasting Power of Attorney, an Attorney will
be able to make decisions on your behalf in relation to all matters
appertaining to your personal welfare; from deciding where you are to live, to
being given the authority to
make decisions on your behalf in regards to life sustaining treatment (
if you have provided for this in the document ).
Many people do not plan for the unforeseen, and as a result, Lasting
Powers of Attorney are only considered once capacity has been lost. Sadly by then it is too late. A Lasting Power of Attorney therefore must be prepared
before a person has lost mental capacity.
We at Harvey Baker Solicitors,
believe that a Lasting Power of Attorney is one of the most undervalued tools
at a person’s disposal and preparing this document is as important as preparing
a Will.
If you were to lose capacity and you do not have either type of Lasting Power of Attorney in place, a special application will need to be made to the Court of Protection known as a “Deputyship Application” for an individual /professional body to be appointed as your Deputy.
As you would not have the capacity to decide who you would want to have authority to be able to act for you, then you would have no control over who is to be appointed as your Deputy, therefore anyone could apply to be appointed. This means that a governmental body such as Social Services, any family member or any friend could apply (even if you have had no contact with them for several years).
The process in having a Deputy appointed is much more expensive and
time-consuming compared with that of preparing a Lasting Power of Attorney,
this is why it is important to act without delay when considering preparing a
Lasting Power of Attorney.
Should you require any further information
on
Lasting Powers of Attorney or wish to make an appointment
to prepare a Lasting Power of Attorney please call our team on 01443 565693.