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Do I Need a Lasting Power of Attorney?
Do I need a Lasting Power of Attorney (LPA)? Although it’s a personal decision, and not an essential requirement, it is one that can have a long-term positive impact on your future planning.
Dealing with potentially sensitive issues, these are important hypothetical scenarios that, when they happen, can leave you feeling powerless and unable to dictate your own fate.
An LPA could help.
What is Lasting Power of Attorney?
When considering the question ‘do I need Lasting Power of Attorney?’ many may not realise how it can actually help.
This legal term relates to someone – the attorney – who is given the power to make important decisions on behalf of someone else should that person fall ill or lose mental capacity to such an extent that they cannot communicate their own wishes. An LPA can also be beneficial if you plan to leave the country for a long period of time and need someone else to manage your affairs in your absence.
This can relate to healthcare decisions or financial affairs.
What decisions could an attorney make?
This depends on the type of LPA created. You can create one that is focused on health and welfare decisions, or one centred on financial aspects, or one that caters for both.
If it’s the health and welfare option, this will allow an attorney to decide upon, should you lack mental capacity to do so yourself, whether to accept medical treatment to keep you alive in certain circumstances, whether you live at home or in a care home, and even the kind of clothes you wear on a daily basis.
If the LPA is a financial one, the attorney can look after bill payments, making investments, and buying/selling/maintaining your home.
It’s important to note, these decisions are only made by the attorney should you lack the mental capacity, as dictated by law, to do so.
Do I need a Lasting Power of Attorney?
If you haven’t set up an LPA and your health deteriorates, you’d lose the ability to decide who can make these decisions on your behalf as, by law, you can’t create an LPA if you lack mental capacity.
That could lead to people you don’t know dictating decisions on medical treatment or even where you live.
If your family wish to contest the decision making of those professionals appointed by law, it can be an expensive and time-consuming process.
You don’t need an LPA, however, the benefits of having one can far outweigh the points that may be holding you back.
Ensuring a person you know and trust is appointed to make life-changing decisions on your behalf can provide reassurance. It also means you keep an element of control in a situation where circumstances have left you feeling vulnerable.
It’s important to discuss your options now, and not leave it until later. For more information beyond answering the question ‘do I need a Lasting Power of Attorney?’ follow the link to our dedicated information page.
Alternatively, book in a call and have a no-obligation chat about your wishes and circumstances. Our experienced, empathetic, and diligent team are on hand to support you every step of the way.
If you’re ready to make a Lasting Power of attorney, you can get an instant quote and start the process online:
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Meet the Wills, Probate & Trusts Team
Rebecca Harbron Gray
Head of Wills, Probate & Trusts