“Is it necessary for me to have a Lasting Power of Attorney as I am fit and health and I have capacity. My wife and daughter are my next of kin and would speak for me……wouldn’t they?”
This morning, at my local gym, I was asked an LPA question which makes a great starter for this week’s blog. It’s a question that I suspect applies to many people and I hope to raise awareness, conversations and action.
The question raised was; “Is it necessary for me to have a Lasting Power of Attorney as I am fit and health and I have capacity. My wife and daughter are my next of kin and would speak for me……wouldn’t they?” We agreed that I would use the question as a blog and a pseudonym of Alfred Carruthers, a little incongruously as “Alfred” is an active gentleman in his mid-40s.
The answer is best tackled in two parts to reflect the different elements of the question.
Part one: Is it necessary for me to have a Lasting Power of Attorney as I am fit and health and I have capacity?
The short answer is yes, the longer answer deserves more of an explanation. A Lasting Power of Attorney is a legal document that enables you to appoint a person you trust to make decisions for you in case you ever lose capacity through ill health or a sudden accident. There are two different types of Lasting Power of Attorney and you can find out them more here.
A Lasting Power of Attorney cannot be made when it is needed, ( when you lose capacity), so it MUST be made in advance of when it is needed.
Regarding not needing one because you are healthy, I would argue that being fit and well comes without any guarantees; if the recent pandemic taught us anything it is the fragile nature of our health and the reality of learning how quickly life changing events can happen. As well as an unexpected illness, a Lasting Power of Attorney could be used in the event of other unforeseen events such as a sudden accident
It takes around twenty weeks for a Lasting Power of Attorney to be registered, that doesn’t allow for discussion and preparation time in drafting the documents. In a health crisis quick decisions are needed not four month waits and delays.
Part 2: My wife and daughter are my next of kin and would speak for me……wouldn’t they?
Health and Welfare
This is a very common myth, in fact your next of kin has no legal right to speak for you. The only way Mr Carruthers could ensure that his wife and daughter have the ability to make health care decisions on his behalf is to nominate them as attorneys in a Lasting Power of Attorney.
Property and Finance
Moving now to financial decision making, another common myth is around joint bank accounts with 73% of people thinking if a couple have a joint back account and one person cannot make decisions their partner can make decisions for them both.
Again, this is not true. A Lasting Power of Attorney is needed to give legal consent to access joint funds should one person become unable to make decisions.
What would happen is Mr Carruthers lost capacity without Lasting Power of Attorneys in place?
Without a Lasting Power of Attorney in place Mr Carruthers’ family would need to apply to the Court of Protection for Deputyship and legal authority to make decisions on his behalf. I have written about this before and you can find out more about the choice, process, time and cost issues involved applying for Deputyship in the blog What is the difference between an Attorney and a Deputy?
Call to action
If you have read this blog and learned anything, then do please share. Talk with the people you love and help dispel two myths, firstly that a Lasting Power of Attorney is something that applies to only older people and secondly that being a next of kin provides some kind of super power when it comes to decision making. A Lasting Power of Attorney is part of normal life planning and means the people you trust the most can make the decisions that matter the most.
Protect yourself now by ensuring the people you trust the most can make the decisions that matter the most by making a Lasting Power of Attorney.
If you have any questions about making a Lasting Power of Attorney you would like answered or featured in a blog do contact me