In recent years a lasting power of attorney (LPA) has become an issue for many families.
Image
Credit
With people living longer and losing their ability to make their own decisions
due to a lack of mental capacity, LPAs have become an option which many people
are taking up.
They give the individual more control over what happens if they become ill or
have an accident which means their ability to make their own decisions is
impaired. As a donor you may appoint an attorney or attorneys to make decisions
for you.
Legal Advice
You must be
over 18 years of age and a British citizen or live in the UK to make
an LPA, which can
either relate to health and welfare or involve property and financial matters.
It is important to take legal advice on such a vital matter which will not only
affect yourself but also your family. In legal centres such as Gloucester
solicitors will be able to offer advice on this kind of legal instrument and
can be found online at sites such as www.deeandgriffin.co.uk/.
If you are concerned about your future health needs, an LPA can help you
appoint a trusted person or more than one to make important decisions about
your care needs if you are unable to make decisions for yourself.
Image
Credit
An LPA relating to property and financial matters will mean that you will avoid
the court appointing someone to make those decisions for you. Often you will
want to choose someone who understands your needs and requirements.
Too Late
Often
individuals and families leave it too late to initiate an LPA, since it must be
made whilst you are able to understand the documents and what you are signing.
They should be executed well before they are likely to be needed. If the courts
become involved, this may result in an outcome that is not what you would have
anticipated.
In many ways they are like an insurance policy. It is possible they may never
be needed. Consequently, the sooner you address this issue the better the
outcome is likely to be. An LPA cannot be created if you do not have the mental
capacity to understand the documentation and the impact it will have on your
affairs and care.
If those circumstances arise, the Court of Protection may be called upon.