Latest News - 15 February 2010
15 February 2010 - GUIDE TO LASTING POWERS OF ATTORNEY
No one likes to think about losing the capacity to manage their own affairs. However, with over 700,000 currently diagnosed with dementia and those who may have brain injuries or existing mental health issues, now is the time to appoint someone you trust to manage your affairs.
You can make a Property and Financial Affairs Lasting Power of Attorney which allows you to choose a person (or persons) you trust to make decisions about how to spend your money and the way your property and affairs are managed. Once registered, and unless you have put a restriction on it, this type of Lasting Power of Attorney can be used by your attorney(s) immediately after registration.
You can also make a Health and Welfare Lasting Power of Attorney. This allows you to choose someone you trust to make decisions on your behalf relating to your personal healthcare and welfare including decisions to give or refuse consent for treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when the Lasting Power of Attorney has been registered and you lack the capacity to make the necessary decision for yourself.
Whenever an attorney makes a decision under a Lasting Power of Attorney, by law they must act in the best interests of the donor who has given them the power.
If you want to make plans for the future while you still have the mental capacity to handle your own affairs, creating an LPA now will allow you to choose one or more people to act as decision-makers.
An LPA can be made by anyone aged 18 or over who has the mental capacity but can only be used once it has been registered with the Office of the Public Guardian.
If you are unable to look after your own affairs and you do not have an LPA, the Court of Protection will appoint a Deputy to manage your affairs for you. There will be significant legal fees to pay and the Deputy may not be aware of your personal circumstances. This could apply to anyone, at any age, by reason of illness, disability or mental impairment who may no longer be able to deal with even simple matters like handling a bank or building society account or transacting a house sale.
For a comprehensive, caring and professional service, please call Kenneth Bush Solicitors on 01553 692233 and ask to speak to someone in our Probate Department.