WARNING
WE DO NOT BELIEVE IN OR OFFER ONLINE WILLS OR LASTING POWER OF ATTORNEYS
WE MEET ALL OUR CLIENTS IN-PERSON AND ALWAYS OFFER IMPARTIAL ADVICE
‘ONE-SIZE DOES NOT FIT ALL’ – WE TAILOR THE SERVICE AS EVERYONE’S NEEDS ARE DIFFERENT
DON’T FALL VICTIM TO CUTTING CORNERS – A WILL IS A VERY SERIOUS LEGAL DOCUMENT.
USE A PROFESSIONAL AND PERSONAL SERVICE.
Who makes the decisions when you’re no longer able too or want too?
Alzheimer’s disease is the most common cause of dementia, affecting around 417,000 people in the UK. The term ‘dementia’ is used to describe the symptoms that occur when the brain is affected by specific diseases and conditions.
A Lasting Power of Attorney (LPA) is a written document in which you grant one or more persons the authority to make legally binding decisions on your welfare should you be no longer capable of making them yourself due to mental incapacity.
It is widely considered prudent to complete the paperwork at the same time as arranging your Will as you have often decided on those who can be entrusted to make the choices in the same spirit as you would have should the worse happen. The LPA then lays dormant and only becomes effective once it has been registered at the Public Guardianship Office (also known as the Court of Protection). The form is very long and can be confusing however our trained consultants at Niche Wills will be able to offer full guidance on its correct completion either on the phone, in our offices in London or in the comfort of your home.
There are two distinct types of Power of Attorney documents and these are summarised below. Should you require more information a Niche Wills Consultant is only a phone call away and they will happily talk through the options in more detail to help you decide whether either or both are appropriate:
The Personal Health and Welfare Lasting Power of Attorney
You can decide to give your Attorney the power to make decisions about any or all of your health and welfare matters. This could involve some significant decisions, such as:
- giving or refusing consent to particular types of health care, including medical treatment decisions; or
- whether you continue to live in your own home, perhaps with help and support from social services, or whether residential care would be more appropriate for you.
If you want your Attorney(s) to have the power to make decisions about ‘life-sustaining treatment’, you have to expressly give your chosen Attorney(s) the power to make such decisions in the health and welfare LPA form.
You can also give your Attorney(s) the power to make decisions about day-to-day aspects of your personal welfare, such as your dress, your diet or your daily routine. It is up to you which of these decisions you want to allow your Attorney to make.
The Property and Financial Affairs Lasting Power of Attorney
A property and financial affairs Lasting Power of Attorney (LPA) allows you to plan ahead by choosing one or more people to make decisions on your behalf regarding your property and financial affairs.
You can appoint a property and financial affairs Attorney to manage your finances and property whilst you still have capacity as well as when you lack capacity. For example, it may be easier for you to give someone the power to carry out tasks such as paying your bills or collecting your benefits or other income.
This might be easier for lots of reasons: you might find it difficult to get about or to talk on the telephone, or you might be out of the country for long periods of time.
You can decide to give your Attorney(s) the power to make decisions about any or all of your property and financial affairs matters. This could include paying your bills, collecting your benefits or selling your house.
This Lasting Power of Attorney can also be vital for sole traders or small businesses where there is one recognised signatory. Businesses can effectively end up totally ineffective and blacklisted if no one can sign the cheques to pay the bills.
For more information on making a Power of Attorney please call us on 020 7993 2044.
Related Pages on Power of Attorney:
The Personal Health and Welfare Lasting Power of Attorney
The Property and Financial Affairs Lasting Power of Attorney
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