The Importance of a Lasting Power of Attorney

18th April 2017 - Chloe Dutton

Whilst most people are aware of the dangers of not making a Will, here at GHW Solicitors we believe that many people are unaware of the problems that arise should someone lose mental capacity and therefore be unable to make their own day-to-day decisions. A Lasting Power of Attorney (LPA) ensures you live the quality of life you desire whilst you’re still alive.

A LPA is a document which allows one or more people to legally make decisions on your behalf if you lose capacity or are unable to do so yourself. There are two types of Lasting Power of Attorney- one that looks after your financial affairs and one that covers your health and welfare.

Many people don’t recognise the importance of entering into a LPA until they reach a certain age, and have the view that as they become older, this is when a LPA would be required. However this is not the case. You may be involved in a sudden accident which renders you incapable of making important decisions and the unfortunate increase of people being diagnosed with early onset dementia is also on the rise, so it’s more important than ever to make sure you have plans in place.

If you don’t have a LPA in place, then your family will need to go through the stringent legal process of applying to the Court of Protection to appoint a deputy to make decisions for you. Appointing a deputy is a lengthy and therefore costly process that is so easily avoidable. It is vital to put a LPA in place to prevent your family from dealing with this burden.

If you would like to discuss making a Lasting Power of Attorney please contact Chloe Dutton on chloe@ghwsolicitors.co.uk or 01706 82 7042.