If you lose mental capacity, you will need someone to help you manage your bank account and day-to-day care. A Lasting Power of Attorney allows you to give someone you trust the legal right to do this, including your spouse and close family members.

If a person has lost mental capacity, it is too late to make a Lasting Power of Attorney. Your loved ones would then have to apply to the Court of Protection for the legal right to make decisions for you (called ‘deputyship’).

When you set up a Lasting Power of Attorney, you can nominate one or more attorneys to make decisions. Attorneys are typically family members but they can be friends, neighbours or a professional such as a solicitor.

You can select primary attorneys and reserves, who can act if your original attorneys have died or are no longer able to act. We can advise on the best ways of appointing attorneys and reserves in Lasting Power of Attorney so that they can act when the time comes.

There are two Lasting Power of Attorney documents:

Health and Welfare allows your attorneys to make decisions about your day-to-day life and medical care. You can give your attorneys the right to refuse medical treatment on your behalf.

Property and Financial Affairs allows your attorneys to manage your bank accounts, investments, pensions, and benefits. They can buy and sell property, pay your bills, and purchase items you need.

It’s fair to say that Lasting Power of Attorney are less well understood than Wills. But when people lose capacity and things go badly wrong, it is sometimes reported in the media.

For example, TV presenter Kate Garraway’s husband Derek caught COVID-19 and was in a coma for several months. During that time, Kate couldn’t access bank accounts, remortgage their home or see Derek’s medical notes.

Another news story involved Ylenia Angeli, who was detained by police for taking her mother out of a care home. Her mother had lost capacity but did not have a Lasting Power of Attorney for health and welfare in place. This meant that Ylenia lacked the legal power to help her.

Both of these situations could have been avoided if the people involved had put both Lasting Power of Attorney documents in place.

Get in Touch
To make an enquiry about our Lasting Power of Attorney guidance, feel free to call us on 0117 440 1555 or email info@maplebrookwills.co.uk.

To arrange an initial consultation with a Lasting Power of Attorney advisor near you, click below and complete the contact form.

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