In the event that you became incapacitated through serious illness or injury, disability, stroke or dementia… who would you want looking after your property, finances, health and welfare? Your family that know and love you or… the Local Authority?
Most people would answer “family” but, for this to happen, you need to create a Lasting Power of Attorney (LPA) BEFORE you become incapacitated. Not just for the elderly an LPA is perhaps, equally as important as your Will. So much so, that here at Future Legal Services we think that putting an LPA in place is a fundamental step in safeguarding your family’s future.
WHAT HAPPENS WHEN THERE IS NO LASTING POWER OF ATTORNEY IN PLACE?
Unfortunately it’s not simply a case of stepping in an accessing your parents/partners accounts. Whilst you may know passwords and PIN numbers it’s illegal to do so. You would have to apply to The Court of Protection for a deputyship. Once granted this will give you the agreed powers to make decisions. If you are not granted Deputyship then the local authority is appointed and will have control of bank accounts and decisions regarding finances, healthcare and day to day living.
We all live our lives in our own ways and have differing opinions on how, in the event that the situation arose, we would like to be treated medically. But, ultimately without an LPA in place this would be in the hands of total strangers.
WHY YOU SHOULD PUT AN LPA IN PLACE NOW?
- Save your loved ones any unnecessary emotional stress
- Ensure your partner can access vital accounts that AREN’T in joint names
- Give control of your assets to your family
- Empower people you trust to make financial and medical decisions on your behalf
- Ease the burden on loved ones at a difficult time
- An LPA is legally binding… therefore CANNOT be ignored
- Save thousands making a retrospective court application.
Living Wills, also referred to as Advance Decisions or Directives, are a way to make sure others, including doctors, know your wishes about your health and care preferences. A Living Will can provide reassurance when you cannot communicate, or make decisions for yourself.
The document can include:
- Information of what you wish to happen in certain medical scenarios, such as; non-treatable illnesses, coma, brain damage, vegetative state and other serious illnesses.
- Information on treatments you do not wish to use, such as blood transfusions, resuscitation (although in certain situations medical professionals can override your decisions)
It is beneficial to create your Living Will with the help of The Will Writing Guild to avoid your decisions being overturned. This can happen if the Living Will is inconsistent or ambiguous; issues can occur when you draw up legal documents without any professional guidance. Try to include your GP, if possible, as this will add weight to your Living Will.
We recommend that you review and update your Living Will often to take account of new medical treatments.
For all new enquiries please telephone 01704 546688 or email firstname.lastname@example.org