When later is too late
When is it too late to make a Lasting Power of Attorney? I am a nurse and my thinking aligns to holistic assessment. I approach assessments with consideration of the physical, psychological and emotional elements that make us who we are and I realised this week that those principles hold fast when making a Lasting Power of Attorney.
What does too late look like through a holistic lens?
Firstly, it can be too late physically due to a sudden accident or health crisis. Many people think about degenerative neurological illnesses such as dementia, but a sudden accident could mean you are unable to make decisions for yourself. In both cases a Lasting Power of Attorney would ensure people you trust can make decisions for you. I am also including being physically unable to sign the forms due to a degenerative disease such as Multiple Sclerosis here. It is still possible to make a Lasting Power of Attorney if you cannot physically sign, and I have supported clients to do so, but the process is more complex (needing three extra people as part of the signatory process).
Secondly, psychological, and here I am including degenerative neurological disease associated with a loss in capacity such as dementia. Too often the “right time” never comes following a dementia type diagnosis; discussions seem to be loaded with angst and sensitivity and sadly very real. The result can be conversations and decisions are put off until it becomes too late.
Lastly, I propose that it can be left too late emotionally – I have been asked to write Lasting Power of Attorneys in response to a sudden crisis in a family, for example the death of an elderly father. In the midst of the grieving, the planning for the remaining spouse begins. I am comfortable sitting with bereaved people, but not comfortable when helping to do a Lasting Power of an Attorney for a family the same time they are planning a funeral. I was in that situation recently and felt it was the wrong time to be doing a Lasting Power of Attorney.
Planning ahead
Thinking who would speak for you if you ever lost the ability to speak for your self is an important and normal part of life planning . Many people think that their next of kin has the automatic right to make decisions for them, a myth debunked in the LPA Campaign . A Lasting Power of Attorney is the only way to ensure people you chose and trust can step in to act for you if needed.
The formal registration of a Lasting Power of Attorney is taking around 20 weeks at the moment, this is if the process is smooth with no issues or re-applications needed. If there are errors on the form this can significantly lengthen the process.
In the very essence of their purpose, a Lasting Power of Attorney is only used if you lose capacity to speak for yourself; if you do not have the capacity to make decisions for yourself you will be unable to make a Lasting Power of Attorney[i]. Planning ahead and not leaving it too late is the answer.
Contact me for information
If you would like further information about Lasting Power of Attorney contact me. I provide free information and a Lasting Power of Attorney drafting service. I am also taking bookings for 2022 and deliver presentations on planning ahead for health care professionals and the public.
[i] Note: A Finance & Property LPA can be used, with your consent, once registered if you select this option. A Health & Welfare LPA can only be used if you lose capacity.