Making our Will is very thoughtful forward planning to care for those we love when we are no longer here. But what about YOU whilst you are still here?
What if, in the future, you had an accident or became seriously ill and were unable to look after your affairs; who could look after them for you?
Something like a stroke, or being in a coma after a serious accident could affect your abilty to make your own decisions.
Many people believe their spouse / partner or adult child automatically have the right to look after their affairs if this happens. It often comes as huge shock to the family when they discover that legally they cannot!
If you lost your mental capacity then your loved ones CANNOT automatically look after your affairs. Your bank accounts could be frozen (even joint accounts); bills could mount and family stress levels could rise rapidly.
What must now happen is that somebody must be appointed by the Court of Protection to look after your affairs. This process is often a long drawn out procedure ( up to 6 months); very costly and often very frustrating.
All this could be avoided by appointing somebody NOW who you want to look after your affairs whenever you cannot.
1) Property and Affairs. This LPA permits the person you choose to look after your financial affairs when you are no longer able, but not your personal affairs.
2) Personal Welfare. This LPA permits your attorney(s) to act for you in respect of your personal affairs and welfare.
Once these LPA’s are produced they need to be registered with the Office of the Public Guardian before they can be used.
An LPA can be useful even when you are of sound mind. For example, if you were to be in hospital for weeks, or were away on an extended holiday your attorney(s) can look after your financial affairs for you….make sure your bills are paid etc.
If you have a business and you became ill or had a serious accident then you might find that your absence makes it difficult for your business to operate. Who can handle the finances and / or make the decisions on your behalf in your business if you are lying in a hospital bed…worse still if you were in a coma or lost your mental capacity ( even temporarily) after a stroke or something?
A business LPA is an essential document for ANYONE in business
You can have two LPA’s: one appointing attorneys to act for you in your business then, if you wish, another appointing a different attorney(s) who you want to act on your affairs that are not to do with your business.
A Lasting Power of Attorney is an essential document that EVERYONE should have
If you want ensure that a person(s) of your choosing can take care of your financial / personal or business affairs an LPA is vital.
Your alternative: leave it to faceless government bureaucrats (at great expense to you) to appoint somebody they choose when the time comes ....definitely not recommended!