An LPA or no LPA, that is the question

I recently attended a backstage tour of Plymouth Theatre Royal which started me thinking about the amount of preparation involved to make sure that things run smoothly.

The lighting, set, costume changes and props all stacked high in the wings waiting for their time to be used.

Isn’t that the same with life?

All that preparation and planning to make sure that things go to plan.

So why leave something so important like management of your financial affairs and health and welfare unplanned in the event you cannot run things yourself for whatever reason?

What would happen if you were to be taken ill? Lost capacity for some time? You think that your loved ones would be allowed to step into your shoes and run things for you; but that’s not automatically true.

Some of us may be all too familiar with a loved one in hospital with something so seemingly innocent like a water infection, to find out that they are not communicating like they usually do. You may have found, to your frustration, it seems that when trying to manage their affairs you are told you cannot help. Despite your good intentions, you have no authority.

Or, if the situation becomes more permanent and your loved loses capacity long term, you are struggling with not only their diagnosis, care and life changes, but also navigating the costly route in making an application to the Court of Protection to appoint a deputy.

With a bit of planning this can avoided. Just like the props waiting in the wings, a Lasting Power of Attorney could be called upon just in time for the next scene change.

You may have heard the term “Enduring Power of Attorney” and whilst there are still many perfectly valid and useful Enduring Powers of Attorney around, they have now been replaced with two new forms:

Lasting Power of Attorney for Property and Financial Affairs

Lasting Power of Attorney for Health and Welfare.

The Lasting Power of Attorney for Property and Financial Affairs can be used whilst you have capacity if you would like a bit of extra help running errands or enjoying a cruise whilst your financial affairs are safely in your nominated Attorney’s hands. It can also be used if you lose capacity all together.

The Lasting Power of Attorney for Health and Welfare differs slightly, because of the nature of your Attorney’s powers for very personal choices such as were you live and your care, it can only be used if you lose capacity.

Both documents are registered straight after completion to make sure it is accepted by the Office of the Public Guardian before any issues arise.

So what is the catch? A Lasting Power of Attorney can only be prepared if you have capacity. So by the time you need it, it could be too late.

Perhaps a Lasting Power of Attorney may not be the most thrilling of props, but it is essential if you want the whole performance to run smoothly.

To discuss Lasting Power of Attorney in more detail please contact Michelle on 017512 827922 or mc@wysolicitors.co.uk