In this unprecedented time, many of us have turned our focus to personal affairs. People are quite rightly focused on their Will; however equal consideration should be given to Lasting Powers of Attorney as they govern what happens to you during your lifetime.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a document that outlines the decisions you would like your nominated attorney(s) to make on your behalf, if you were to lose mental capacity in the future. Without an LPA, your family and friends may find it difficult to manage your affairs and they may not know your wishes.
Which LPA is right for me?
LPA’s come in two different forms:
- Health and welfare Lasting Power of Attorney: this gives your attorney power to make decisions affecting your personal welfare, such as where you live and life sustaining treatment.
- Property and financial affairs Lasting Power of Attorney: this gives your attorney power to manage your finances.
Do I need an LPA if I am married?
People in a civil partnership or marriage might assume their partner can deal with their finances and make decisions about their healthcare should they lose the ability to do so, but this is not necessarily the case. If someone has not drawn up a LPA when they are assessed to have lost capacity, and their partner or friend wants to make decisions on their behalf, they may have to apply to the Court of Protection to be appointed as the person’s Deputy.
In additional to a Health and Welfare LPA, you can also prepare an Advanced Directive, otherwise known as a Living Will. A Living Will is a statement of a person’s wishes regarding their health for the future.
Can I still get an LPA during the crisis?
Amid the COVID-19 lockdown, Enoch Evans LLP will remain open for business and are making active use of video and telephone conferencing to continue to deliver remote legal services to our clients.
Should you wish to discuss LPA or Living Wills with a member of our specialist team, please do not hesitate to get in touch with one of our Sutton Coldfield Solicitors on 0121 355 2336 or one of our Walsall Solicitors on 01922 720 333.