When it comes to Lasting Powers of Attorney or an LPA, you may think it’s something you only need to worry about in later life. But in truth, illnesses or accidents that affect our mental capacity can happen at any time in our lives.
An LPA is a way to protect your future and ensure that your wishes are followed when you are no longer able to make decisions about your health and welfare and property and financial affairs.
In this article, we take a closer look at what happens if you lose mental capacity to make your own decisions and do not have an LPA in place.
What is an LPA, and why are they important?
An LPA is a legal document that allows you to appoint someone to make decisions on your behalf if you are unable to do so. There are two types of LPA in England and Wales; you can choose to have one or both of them. The two types of LPA are:
- Health and welfare LPA: Covers decisions about medical treatment, care, living arrangements and daily routines.
- Property and financial LPA: Covers managing bank accounts, paying bills, collecting benefits or pensions and property.
They are important because they help ensure your wishes are carried out when you are not in a position to make decisions about your health and finances.
What will happen if you don’t have an LPA?
If you experience a serious, life-limiting health condition or have an accident that leaves you unable to make decisions about your future, and do not have an LPA in place, things can become difficult. A family member or close friend will have to apply to the Court of Protection to be appointed as your deputy.
This process is time-consuming and can take several months for the court to reach a decision. It also incurs costly legal and court fees, and can be emotionally draining for both you and your family.
If you do not have an LPA in place and have to go through this process, you lose the chance to decide who will make your decisions for you. The court may appoint someone that you wouldn’t have chosen, or in some cases, a professional deputy you’ve never even met.
How will not having an LPA impact your loved ones?
Not only will not having an LPA affect you, but it will also affect your family. Without an LPA, your family will not be able to:
- Access your bank accounts to arrange payments of bills or care
- Make urgent medical decisions about your treatment
- Sell your home or manage your investments to raise capital for care costs
- Family members may have conflicting views about your best interests, which can lead to conflict
Want to set up an LPA?
Creating an LPA while you are fit, healthy and of sound mind ensures you’re in control of your future. You get to choose someone you trust, and also record your preferences and wishes so they can make the right decisions should they need to.
If you would like to set up an LPA, please get in touch with Julie Hughes. Julie is here to advise, guide and support you throughout every step of the process.
