If you lost mental capacity who really knows what you would want to happen next? A doctor? The local authority? Or those who know and love you?
People lose mental capacity for many reasons, such as a sudden accident or a medical condition such as dementia, sufferers of which currently number more than 850,000 in the UK. With this in mind, ensuring you have Lasting Powers of Attorney in place to give your loved ones the ability to make decisions for you is essential.
Many choose to opt only for the Property and Financial Affairs LPA to ensure the money side of things can be managed and omit to arrange the Health and Welfare LPA but is this decision the right one? Wouldn’t you be concerned about where you lived, what you ate, what care and medical treatment you were given?
Without a Health and Welfare LPA, the decisions regarding these crucial issues could be made by Social Services and the local authority and they may refuse to let the family have a say. If their decisions resulted in a serious dispute with the family, your loved ones would have to apply to the Court of Protection for a Deputyship order, a very expensive and lengthy process. Such orders are granted sparingly and many applications are rejected.
If this was the case, then the decisions are left with the authorities but these decision makers often have objectives of their own, objectives that may differ greatly from those of your family. They may, for example, wish to keep costs as low as possible and this may dictate the decisions they make.
With a Health and Welfare LPA in place you will have chosen someone you trust and who knows your wishes to make these decisions for you and to fight your corner if needs be.
So when should you put these powers of attorney in place? The short answer is now, while you have mental capacity. You never know if and when you’re going to lose it and then it’s too late, leaving a rocky road ahead for your family. Ensure your wishes are carried out by those you love by appointing them as your attorneys.
MVL Wills and Trusts of Battle, East Sussex, can help you put your Lasting Powers of Attorney in place. A consultation is free and can be held at our offices or in the comfort of your own home. Call 01424 577070 or email info@mvlwillsandtrusts.co.uk for an appointment.