Why do I need a Lasting Power of Attorney asks Lee?
For a free 15 minute consultation to discuss your Lasting Power of Attorney please Speak To Me here.
What shall I blog about next time I asked Lee? Simple, he said, can you just tell me why I need a Lasting Power of Attorney. Here goes and next time I’ll cover costs for Jake!
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that lets you chose who would speak for you if you ever couldn’t speak for yourself through a sudden accident or longer-term ill health. A Lasting Power of Attorney is drafted, signed then sent to the Office of the Public Guardian for checking and validation (a process lasting around 20 weeks), the original copy is returned to you for safe keeping. I blog about what to do once you receive the validated Lasting power of attorney here .
The person who makes the Lasting Power of Attorney is called the donor and the people (or persons) nominated to speak for the donor are called attorneys.
There are two different types of Lasting Power of Attorney, one for Health and Welfare and one for Property and Finance – you can’t combine them into a single document.
What sort of decisions can be made in a Health and Welfare Lasting Power of Attorney?
A Health and Welfare Lasting Power of Attorney gives the attorney the power to make decisions about things like:
your daily routine – for example, washing, dressing and eating
medical care
moving in to a care home
life-sustaining treatment
You apply and register now, but it’s only used if you can’t make your own decisions in the future.
https://powerofattorney.campaign.gov.uk/#what_are_the_misconceptions_about_lpas_
What sort of decisions can be made in a Property and Finance Lasting Power of Attorney?
A Property and Finance Lasting Power of Attorney gives the attorney the power to make decisions about things like:
paying bills
managing a bank or building society account
collecting pensions or benefits
selling your home
These powers can be used at any time, but only if you say it’s OK.
https://powerofattorney.campaign.gov.uk/#what_are_the_misconceptions_about_lpas_
But I don’t need a Lasting Power of Attorney because my next of kin can make decisions for me?
It’s a common misconception that your next of kin can make treatment decisions for you if you are in hospital but this is not true. Medical decisions require consent of the person involved before a next of kin can make treatment decisions on behalf of another person.
Another common misconception is having a joint bank account means you don’t need a Lasting Power of Attorney, again this isn’t true. A Lasting Power of Attorney will provide consent for you to access joint funds to pay and monitor financial aspects of a joint account.
Why can’t I apply for a Lasting Power of Attorney when I need it?
Because by then it is too late. You need a Lasting Power of Attorney for a time in the future when you don’t have capacity, but you can only make a Lasting Power of Attorney when you do have capacity. I talk about this in more detail here after hearing capacity debated in the Court of Protection .
A recent Which? poll found a mistaken belief that “77% of people thought a LPA could be set up whenever.” I found this concerning and wrote in more detail about why "Changing Fears to Facts" , you’ll find more information about why starting a Lasting Power of Attorney can’t wait until a crisis point to set up.
Lee, I hope that answers your question! answer your question and thank you for giving inspiration for the blog this time!
If you would like to find out more about making a Lasting Power of Attorney contact me