Arrange a Lasting Power of Attorney
A Lasting Power of Attorney lets you appoint one or more people to make decisions on your behalf if you become ill.
A Lasting Power of Attorney (LPA) is a legal document made by an individual to appoint someone to look after their affairs. The main benefit of the LPA is that it continues to be effective when the individual loses mental capacity.
There are two types of Lasting Power of Attorney - one which deals with your property and financial affairs and one which deals with health and welfare issues. The cost of setting up one is small compared to the costs that are incurred if the Court of Protection is involved.
Without an LPA if you lose the mental capacity to deal with your affairs the Court of Protection have the right to deal with your affairs. Your relatives can apply to the Court of Protection to be appointed deputies but the application can cost several thousand pounds, is not a guaranteed success and if successful involves returning to the Court of Protection each year to account for the conduct of your affairs. With an LPA you appoint a person(s) of your choice to deal with your affairs and there is no involvement of the Court of Protection.
Anyone who wishes to ensure their affairs are dealt with by family members should have an LPA.
The LPA only becomes active if you are living and no longer able to carry out your own affairs. You can complete an LPA now but the document only becomes active when registered with the Office of the Public Guardian. You do not need capacity to register it at the Office of the Public Guardian only capacity when the document is completed. You can hold onto the document only to be used in the event that you are no longer able to carry out your own affairs.