Every 90 seconds someone is admitted to hospital with a brain injury and it is estimated that 2.6 million people in the UK are living with the effects of a traumatic brain injury or stroke. Brain Research UK estimates 1 in 6 of us will suffer a neurological condition in our lives. Loss of capacity (the ability to make your own decisions) is not something that is reserved for the ‘elderly’. Throughout our lives, unforeseen circumstances can arise, making it crucial to plan for the future. Lasting Powers of Attorney (LPA) grant you control over decisions affecting your well-being when you may no longer have the capacity to make them yourself.
What is a Lasting Power of Attorney?
Lasting Powers of Attorney (LPAs) are legal documents that allow you to appoint trusted individuals to make decisions on your behalf. There are two types:
- Health and Welfare LPA: Empowers your chosen representative to make decisions about your medical treatment and daily care.
- Property and Financial Affairs LPA: Authorises your chosen representative to manage your finances, property, and other related matters.
Why You Need LPA
- Preparedness: LPAs ensures that, in times of crisis, your affairs are managed according to your wishes, reducing stress for your loved ones.
- Protect Your Interests: Without an LPA in place someone will need to apply to be a Deputy on your behalf; decisions about your health and finances may be made by someone you haven’t chosen, possibly leading to outcomes you wouldn’t have desired.
- Avoiding Court Intervention: having an LPA enables you to choose who acts on your behalf, minimising the likelihood of court involvement in decision-making and reducing the overall costs.
The Process
- Choose Your Attorneys: Select trustworthy individuals who understand your values and preferences. If you do not have family or friends that you would trust in this position, you can nominate a professional to act on your behalf.
- Complete the Forms: Work with legal professionals to fill out the necessary LPA forms.
- Registration: Register your LPAs with the Office of the Public Guardian to make them legally valid. Registration costs £82 per LPA.
Your Voice, Your Future
- Tailored Decision-Making: your LPA allows you to specify your preferences and values, ensuring that your representatives make decisions aligned with your wishes.
- Flexibility: You can include instructions about specific healthcare treatments, financial investments, and more.
Lasting Powers of Attorney are not just for people in later life and they are potentially even more important for people still in work or managing their own business. Lasting Powers of Attorney empower you to shape your future, providing security and peace of mind. Providing you retain mental capacity, you can make new Powers of Attorney at any time to take into consideration changes in your circumstances. You can also have two Powers of Attorney at the same time, allowing you to appoint different people for your personal affairs and your business.
Don’t wait for uncertainties to strike – plan ahead, and let your voice be heard, ensuring that your loved ones can make decisions in your best interest.
For expert advice on Lasting Powers of Attorney, contact Maddie by phone: 07743586283 or e-mail: madeline@ne-familylaw.co.uk.
