Challenges of decision-making with a Lasting Power of Attorney
When our health falters, even everyday tasks – like managing finances or making healthcare decisions – can become overwhelming. This is where the concept of a Lasting Power of Attorney (LPA) plays a crucial role in safeguarding your future.
An LPA is a legally binding document that lets you appoint someone, referred to as your ‘attorney’, to handle important matters on your behalf when you are no longer able to do so. This trusted individual can assist in decision-making or take on the responsibility entirely, acting with your best interests at heart.
Reassurance for the future
While creating an LPA is separate from writing a Will, people often take the opportunity to arrange both simultaneously as part of comprehensive future planning. The reassurance comes from knowing that a trusted person will make decisions for you if you’re unable to due to illness, old age or an accident.
An LPA empowers your attorney to manage various aspects of your life – be it your finances and property or your health and welfare. Crucially, it can include specific instructions and preferences that reflect your personal values and wishes, ensuring that what matters to you will always be safeguarded.
Acting while you still can
The creation of an LPA requires you to have full legal capacity, meaning you must completely understand the implications and responsibilities of the document when it is established. Once this capacity is diminished, creating an LPA is no longer an option, and no one can do so on your behalf.
One common misconception is that your next of kin – your spouse, partner or children – automatically has the authority to manage your affairs should you lose the ability to do so. Without an LPA, this is not the case, which can lead to costly and time-consuming legal obstacles.
Different types of LPA
In England and Wales, two distinct types of LPA exist to cover the primary elements of your life where support might be needed. The first of these is the Health and Welfare LPA, focusing on your personal healthcare and wellbeing. Decisions regarding your medical care, living arrangements, diet and even life-saving treatment fall within the remit of this document.
The second type, the Property and Financial Affairs LPA, grants authority over financial matters. This includes managing bank accounts, paying bills, handling investments, buying or selling property, and even facilitating mortgage repayments. With this document in place, you know your assets will be responsibly overseen.
Avoiding legal complexities
If an LPA is not arranged, your loved ones could face unnecessary complications. Without clear legal authority, they cannot access your bank accounts, sell property or handle essential financial responsibilities.
Under such circumstances, they may need to turn to the Court of Protection in an effort to gain legal authority. This entails applying for the position of ‘Deputy’ to manage your affairs – a process that can be both complex and expensive, placing added stress on your loved ones.
Importance of professional advice
Seeking professional advice when setting up an LPA is invaluable. Experts can guide you through the intricacies of preparing the document, ensuring you include any specific instructions and preferences that matter to you. This not only secures you peace of mind but also simplifies the process for your chosen attorney, reducing future confusion or disagreements.
Protecting your healthcare choices
A Health and Welfare LPA provides you with the power to influence how your wellbeing is managed if you lose mental capacity. For instance, your attorney can advocate for your desire to remain in your own home instead of being moved to a care facility.
This type of LPA only becomes effective when you are no longer able to make decisions for yourself. It ensures that your values and beliefs are upheld – even if circumstances prevent you from expressing them directly.
Ensuring financial stability
On the other hand, a Property and Financial Affairs LPA has wider applicability. It can be used not only if you lose mental capacity but also in situations where physical challenges – such as illness or mobility issues – hinder your ability to handle financial matters.
If you often travel or live abroad, appointing an attorney to oversee your assets closer to home can also be a practical solution. This ensures that your financial responsibilities are attended to efficiently, without delay or mismanagement.
Protecting your wishes
An LPA is more than a legal formality; it is a means to retain control over the direction of your life, even when unforeseen events arise. Whether it’s ensuring financial security or safeguarding personal healthcare preferences, establishing an LPA offers peace of mind for you and your loved ones.
