5 Dangers of Not Making a Lasting Power of Attorney
Many married couples and civil partners assume their next of kin is entitled to manage their health, property or financial affairs on their behalf if they lose the mental capacity to do so. However, this is not the case.
If you lose the ability to make your own decisions and you do not have a lasting power of attorney in place, then someone will be required to apply to the Court of Protection to be your Deputy.
The process of gaining authority through the Court of Protection is often time consuming, distressing, and expensive.
What is a Lasting Power of Attorney?
A lasting power of attorney (LPA) is a legal document which gives someone else the authority to make decisions on your behalf.
There are two types of LPAs:
- Health and welfare – the attorney can make decisions on medical care, accommodation, daily routine and providing consent to life-sustaining treatments.
- Property and financial affairs – the attorney has permission to manage your financial affairs e.g., bank accounts, paying bills, managing benefits and pensions, and buying and selling property.
5 Dangers of Not Making a Lasting Power of Attorney
It is a good idea to prepare for the future to ensure your wishes are carried out should you lose the capacity to make your own decisions. Below are 5 dangers of not making an LPA:
- You can’t choose who makes decisions on your behalf – not having a LPA means you cannot choose who manages your affairs.
- You can’t express your wishes – if you have a particular view on your medical care (e.g., resuscitation, vaccinations and organ donation) that differs from healthcare professionals then you won’t be able to express your preferences.
- No choice in where you live – should you need to move out of your house and into a care home or assisted living arrangement, then you may not be allowed to have a choice on where you move to.
- Change in lifestyle – without an LPA the Court of Protection will appoint someone to make decisions for you and they may not consider your needs or personal preferences.
- Additional stress & expensive – applying to the Court of Protection for someone to gain authority to make decisions on your behalf is time consuming, stressful and expensive.
Wills & Estates Solicitors
Morrish Solicitors is a long-established law firm regulated by the Solicitors Regulation Authority. Our wills and estates solicitors can help you prepare for the future. We have years of experience dealing with wills, inheritance tax planning, probate, lasting powers of attorney, care home fees and other related services.
All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you. Call us on 033 3344 9609 or email [email protected].
