If you lost mental capacity and did not have either a Lasting Power of Attorney for financial decisions or a Lasting Power of Attorney for health and welfare decisions, your loved ones would not have the legal authority to help you with your daily needs. They could not:
- Access your bank accounts to pay for your food shopping, home care, cleaners or to pay your bills;
- Sell your property in order to obtain the funds to move you to a care home;
- Speak to your GP or medical professional about your continued care and make decisions about any type of treatment you may need.
This can cause a lot of stress and anxiety for your loved ones, as they would have to consider paying out of their pocket or seek assistance from the Local Authority. Communication with the Local Authority would be limited because you did not have a Lasting Power of Attorney in place in the first instance.
In order to get the legal authority for your loved ones’ needs, you would have to submit an application to the Court of Protection for a Deputyship Order. This procedure is more costly and it can take months before a Deputyship Order is obtained. Accordingly, you should consider getting Lasting Powers of Attorney in place to give you and your loved one’s peace of mind.
This article has been brought to you by our Wills and LPA lawyers at Kidd Rapinet Solicitors Canary Wharf. You can book an appointment with any of our lawyers across our offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided. Please use the links provided to find more information on LPA, or Wills.
These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.