What happens if you are not able to manage your property and finance or if you are incapable of making decisions about your own medical care? Put simply, the answer is that someone will have to make those decisions on your behalf. And of course it is easy to put off thinking about these things.
We should all think again about this complacent attitude. Any of us could find ourselves in this situation today : serious accidental injury can happen anytime and is invariably unexpected and not planned for; similarly, medical trauma – such as a stroke - can have a sudden onset as can debilitating diseases.
The purpose of the LPA is to take away risk and uncertainty by enabling you to decide which someone you would like to make those decisions for you. Appointing someone as your attorney is an important step. The procedures to be followed in making a Lasting Power of Attorney are designed to protect you as are the constraints within which the attorney must operate. Certainly, the process is more rigorous and onerous than the much simpler procedure (prior to Oct 2007) of making an Enduring Power of Attorney. There are now 2 different types of LPA one dealing with property and affairs and the other dealing with personal welfare decisions. These powers are granted separately and may be given to different people. The person best able to manage your financial affairs may not be the person most able to take decisions about your care and medical treatment !
The conclusion must be that everyone should give consideration to the advantages of making Lasting Powers of Attorney. Ask us for further information and see also the Office of the Public Guardian.
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| This firm is regulated by the Solicitors Regulation Authority firm number 222028 |
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