Few people consider the difficulties
they would encounter if they were to become incapable of managing their affairs
through illness, accident or old
age. The consequences of not planning for possible mental incapacity can
be serious and can cause worry and be an unnecessary administrative burden
to your family. Granting a Lasting Power of Attorney (“LPA”)
will ease this burden very considerably.
There are two types of LPAs, a Property and Financial Affairs LPA which allows
your attorney to deal with your property and finances as you specify. Secondly,
there is a Health and Welfare LPA which allows your attorney to make health
and welfare decisions on your behalf as soon as you cease to have the mental
capacity to do so. This could also extend, if you wish, to giving or refusing
consent to the continuation of life sustaining treatment.
An LPA is a special type of document as it continues to be effective even
in the event of mental incapacity, and often this is precisely the time at
which an LPA is required.
It is worth noting that if you lack capacity to make an LPA someone (probably
a relative) would need to apply to the Court of Protection to be appointed
as your Deputy. That person would then be appointed by the Court to deal
with those parts of your finances and affairs which you cannot deal with
yourself. Applying for such an order can be both costly and time consuming.
Any Enduring Power of Attorney validly made before 1st October 2007 can continue
to be used but only in respect of financial affairs.
Marie Verney Charles
Lucas & Marshall,
28 High Street, Hungerford, 01488 682506 E-mail Marie.Verney@clmlaw.co.uk