Ageing and the need for a Lasting Power of Attorney
At Solomons Solicitors, our team are experts in preparing Lasting Powers of Attorney and can talk you through why a Power of Attorney could help you and your family.
Contact our team today to find out how we can help you.
Why should you have a Lasting Power of Attorney?
None of us likes to think that we are getting older, but we all are. You may have put off talking to a Will solicitor about a Lasting Power of Attorney, but it is important to set a bit of time aside to sort out one. By doing so, you can save your loved ones a lot of time, money and hassle.
Sadly, with later life comes an increased risk of dementia or serious ill-health. That is why it is best to sort out a Lasting Power of Attorney whilst you are able to do so. None of us can predict when a sudden health event will occur, and once you have lost the capacity to sign and create a Lasting Power of Attorney your loved ones cannot sign one for you.
The positives of a Lasting Power of Attorney
A Power of Attorney is created through a legal document which authorises your chosen attorneys to make decisions on your behalf when you are no longer able to make them. Just like writing a Will, signing a Lasting Power of Attorney can be a positive step because
- You are planning for your future and taking control of your choice of attorneys
- You can tell your attorneys your preferences, so they can act as you would have done had you not lost the capacity to make your own decisions
- You are reducing the stress on your family at what will be a distressing time by planning ahead and having a document ready to be used if you lose the capacity to make your own financial or health and welfare decisions
Capacity needed to make a Lasting Power of Attorney
You need to be capable of making your own decisions to create a Lasting Power of Attorney. That means you need to be of ‘sound mind’. If you do not sign an LPA because you think a sudden health event won't happen, you cannot sign an LPA once you have lost capacity. You will be leaving your family to sort things out for you but without the right paperwork in place to make things easier for them.
What happens if you don’t make a Lasting Power of Attorney?
If you do not have a Lasting Power of Attorney and you lose the capacity to make your own decisions, then your family or friends can apply to the court for a deputy to be appointed to make decisions on your behalf.
This is a more expensive and slower process than a Lasting Power of Attorney document, and you will not have the control over the choice of deputy.
Speak to our Bournemouth-based Lasting Power of Attorney Lawyers today
Solomons Solicitors can help with the preparation of your Lasting Power of Attorney or can review your existing LPA and Will to see if changes should be made. For a free initial consultation, call us today on 01202 802 807 or use our online enquiry form.