planning for the future
Legal and Financial Support
We know not everyone wants to think
about things like Wills and Power of
Attorney but they are important things
that we should do to make sure those
who care for you, know what you want.
Have you been advised to make a
Lasting Power of Attorney, but don’t
know what one is or why you would
ever need one?
Here, Anna-Marie Knipe, a partner and
expert in private client services for the
elderly at Leyland-based law firm
Birchall Blackburn Law answers some
frequently asked questions and
explains the legal lingo.
Do I need a Lasting Power of
Attorney?
Just because you have had a diagnosis
of dementia doesn’t mean that you
aren’t able to make decisions for
yourself about your property, financial
affairs, your health and welfare.
There are compelling practical and
financial reasons for making a Lasting
Power of Attorney (LPA). An LPA
safeguards your wishes if you are no
longer able to make decisions for
yourself because of an accident or an
illness like dementia. There are two
types of Lasting Powers of Attorney;
one for Property and Financial Affairs
and one for Health and Welfare.
Most people wouldn’t dream of not
insuring their house on the basis that
the insurance might not be needed.
Similarly, the LPA may never be used,
but if it is, life will be much easier for
your family who can take steps to
safeguard your assets and ensure your
wishes are met.
What might happen if I don’t make
an LPA, and subsequently lose
mental capacity?
An application would have to be made
to the Court of Protection on your
behalf, typically by a family member,
who would be appointed as your
‘Deputy’. Whilst the Court of Protection
application is not as straightforward as
making a Lasting Power of Attorney, be
rest assured a Deputy can make
decision on Financial and Welfare
matters for people who cannot make
decisions at the time they need to be
made.
Much like making a Will, you are able to
make a Lasting Power of Attorney (LPA)
by yourself or with support from a
family member, however if it isn’t
something that you are confident doing
alone, it is an option to seek these
services from a solicitor.