Why should I make a Lasting Power of Attorney and when?
This is a question often asked by clients and, in view of the recent pandemic, something which a lot of clients say they, and their family, wish that they had made sooner.
Without a Lasting Power of Attorney for your property and financial affairs it is virtually impossible for someone else to deal with these areas of your life, even if you are married or in a civil partnership. Unless you have a registered Lasting Power of Attorney in place then Banks and other institutions are likely to refuse to discuss your financial affairs with anyone else.
Without a Lasting Power of Attorney for your health and welfare appointing someone you can trust, then if you were to need urgent medical treatment there would be no-one legally authorised to speak on your behalf. This is particularly important should you ever require care or treatment and were not able to communicate your wishes.
At Ellis Jones Solicitors we deal with assisting clients in making these documents on a regular basis and, if you have no-one who you can trust to appoint as your Attorneys, then it is possible to appoint two partners in our firm, with the team dealing with the day to day general management of your affairs, should the need arise. The team have a wealth of experience in dealing with this area of work and would ensure that you receive all of the Benefits you are entitled to and that any financial issues are dealt with promptly and efficiently. This means we ensure that your present standard of life would continue and that your affairs are carried out in your best interests, in line with the Mental Capacity Act.
Without a registered Lasting Power of Attorney in place (or the old style Enduring Power of Attorney for property and financial affairs, which were in force prior to October 2007) it would be necessary for someone to apply to the Court of Protection in order to obtain a Deputyship Order. This is a costly and very lengthy process and the person who applies may not be the person you would have chosen. So, it makes sense to make Lasting Powers of Attorney in good time, long before you actually reach the point of declining health, to ensure that you appoint the people that you trust to deal with your affairs, should you be unable to do so yourself, either due to losing mental capacity or other health reasons.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
