It’s a myth that a Lasting Power of Attorney, or LPA, is only for elderly people. In fact, an LPA is incredibly important as it ensures that if you lose capacity, due perhaps to mental illness, accident, dementia or stroke, a trusted family member, friend or solicitor would have the authority to make decisions on your behalf.
Be prepared
Although it’s not nice to think about, loss of capacity is a reality for many, especially as we age or if we suffer from ill health. Getting your affairs in order just in case can offer peace of mind, and even though you have an LPA in place, they will not be able to act for you until the point that you lose capacity. These days, you can simply set up a Power of Attorney online with a specialist such as https://powerofattorneyonline.co.uk/.
Make things easier for your family
It’s a misconception that your next of kin could simply make decisions for you should you lose capacity. Without the legal document that an LPA entails, your family or friends would not have the authority to handle your affairs for you. They would not, for example, be able to contact your bank, pay bills on your behalf, or make care decisions about your future.
Without an LPA, your family may face court proceedings in the Court of Protection to determine whether they can act on your behalf. This can take time and be costly. Ensuring you have an LPA will make decision-making smoother for everyone.
You can have different types of LPA
There are different types of LPA, and you can appoint more than one person to deal with your affairs. For example, you could appoint your brother to manage your financial and property affairs, and your spouse to make decisions about your health and welfare.
Many people believe that writing a will is enough for your family or friends to handle your affairs. However, this isn’t the case as without an LPA in place, only your attorney can act for you while you are still alive.
Using a power of attorney in practice
Once a power of attorney is in place, the person you have appointed can make important decisions for you, on matters such as finances and health, when you are unable to make them yourself. It is a little like having a trusted co-pilot who can take over when needed.
For your attorney to act, they need the signed power of attorney document. This is the proof that they have your authority to act on your behalf, and organisations will usually ask to see it before dealing with them.
The same applies to other paperwork that may come up, such as occupier waiver forms linked to a property. If your attorney is handling these for you, they may need to show evidence that they are allowed to deal with the landlord or other parties in your place. If the legal language feels daunting, you can ask a solicitor or someone you trust to help you and your attorney through each form so that nothing holds things up.