Life is all about choices that enable you to live a fulfilling and empowered life. However, it could also throw curveballs at you, leaving you feeling disempowered because you have lost capacity to make important decisions. That’s when Lasting Powers of Attorney (LPAs) can be a saviour. LPAs are a legal document that enables you, the donor, to appoint one or more Attorneys who can make important decisions on your behalf, if or when you lose the mental capacity to do so due to an accident or illness.
In essence, they help keep the control within the family. Without these in place, the court of protection will make decisions on your behalf and joint bank accounts and investments are on 'lockdown' until an Attorney is put in place - potentially causing great hardship for your family.
What Does Sound Mental Capacity Mean
Individuals with a sound mental capacity can make their own decisions, understand their own decisions, and can likely face the outcome or consequences of those decisions. They can communicate them with clarity when the time comes.
The Mental Capacity Act 2005 is a law that protects vulnerable people over the age of 16 around decision-making. It says that: every adult, whatever their ability, has the right to make their own decisions wherever possible.
People should always support a person to make their own decisions if they can. This might mean giving them information in a format that they can understand (for example this might be easy read information for a person with a learning disability) or explaining something in a different way.
But if a decision is too big or complicated for a person to make, even with appropriate information and support, then people supporting them must make a ‘best interests’ decision for them.
Types of Lasting Powers Of Attorney
There are 2 types of Lasting Powers Of Attorney:
1. Property & Financial Affairs
2. Health & Personal Affairs
Understanding LPA For Property & Financial Decisions
Under this LPA, your Attorneys are trusted to make financial decisions on your behalf. These include: deciding on buying/selling property, bill payments, arranging for property-related expenditures, pensions, benefits and investment decisions. The donor can give guidance, within the LPA, to the extent of decisions your Attorneys can make. Donors have the right to ask for regular details about financial affairs as required.
Understanding LPA For Health And Welfare Decisions
This LPA allows your Attorneys to make healthcare decisions on your behalf upon loss of your mental capacity. These healthcare decisions include: your living arrangement, your course of medical treatment, your diet choices, who can contact you and the social activities you can partake in. The donor can give guidance within the LPA with regards to decisions, beliefs, including guidance to making life-saving decisions for you.
How Can You Get Your LPAs?
We guide you through the process, inform you about your options, and tailor-make solutions that suit your situation. We assist you throughout the process and help you create Lasting Powers of Attorney that meet all your requirements.
Once we have your instructions, we will have your LPAs ready to sign within 24 hours.