Lasting Powers of Attorney
 If you have property, savings, investments or any income apart from benefits, it is a sensible precaution to make a Property and Affairs Lasting Power of Attorney appointing a trusted relative, friend or professional (“attorney”) to act for you in the event of your future physical or mental incapacity.
In addition to mental incapacity, there are many other reasons, of course, why you may need someone to act for you in managing your affairs; a stroke, debilitating illness, serious accident or injury, to name a few. You may even wish to pass on the management of your affairs temporarily whilst you are away for an extended holiday or during a stay in hospital, perhaps.
The Alzheimer's Society estimates that dementia currently affects over 750,000 people in the UK. There are approximately 18,000 sufferers under the age of 65. Dementia affects 1 in 20 over the age of 65 and 1 person in 5 over the age of 80. Unfortunately, the number of people with dementia is steadily increasing owing to our extended life expectancy.
If you don't have a Property and Affairs Lasting Power of Attorney, a Deputy of the Court may have to be formally appointed by the Office of the Public Guardian (court of protection) to manage your financial affairs and property if you are unable to do so yourself. This can be a complicated and lengthy process involving an assortment of costs and can end up being extremely stressful for your family.
 Additionally, if you have concerns about how you might be cared for in the future if your health declines and you no longer have the mental capacity to make decisions on your healthcare, you might wish to consider creating a Welfare Lasting Power of Attorney as well as a Property and Affairs Lasting Power of Attorney.
A Welfare Lasting Power of Attorney allows you to choose an attorney to make welfare and healthcare decisions on your behalf where you no longer have the mental capacity to make these decisions for yourself. This could extend, if you wish, to giving or refusing consent to the continuation of life sustaining treatment.
A Lasting Power of Attorney is an extremely valuable document which needs to be drawn up with great care. The document has to be prepared in a legally prescribed format and can be rejected by the court of protection if the regulations are not meticulously observed.
Where you are concerned about your future medical treatment, you might consider the option of making a Living Will (also known as an Advance Decision or Advance Directive) instead of a Welfare Lasting Power of Attorney. Since the introduction of the new Mental Capacity Act which came into effect in April 2007, Living Wills are now legally accepted and recognised by the medical profession. You can use a Living Will to stipulate (as far as possible) the circumstances in which you might refuse treatment and to appoint a person to be consulted by medical practitioners in situations that are uncertain.
Making any type of Lasting Power of Attorney or a Living Will gives you the opportunity to have a say about your future; it will also make it easier for any carers to act on your behalf.
A Lasting Power of Attorney can be simply amended or revoked if you change your mind at any time before it is registered and a Living Will can be amended or revoked whilst you still have the mental capacity to do so.
Advantage Legal have the knowledge and experience to advise you on creating a Lasting Power of Attorney, General Power of Attorney or Living Will and can help you decide on the most appropriate options which best suit your needs. We can also assist in registering an existing Enduring Power of Attorney which was created before 1st October 2007 where the donor has now lost mental capacity.
You’re never too young to make a
Lasting Power of Attorney
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