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Who will look after my affairs if I am unable to?
Added 20/05/2010
Many people are not aware of the difficulties their families would encounter if they became incapable of making decisions for themselves either through accident or illness. People generally assume that their spouse, partner or other close family members would be able to deal with their affairs for them. It can add to the distress for your family to find that they have limited legal authority.
A “Lasting Power of Attorney” is a legal document that lets you appoint a person or persons that you trust to deal with your affairs and make decisions on your behalf.
What can I do to ensure my affairs are looked after?
There are two types of Lasting Power of Attorney that you can make
- Lasting Powers of Attorney (Property and Affairs)
- Lasting Powers of Attorney (Personal Welfare)
What is a Property and Affairs Lasting Power of Attorney?
A Property and Affairs Lasting Power of Attorney would allow your attorney(s) (i.e. the person or people you have chosen to look after your financial affairs for you) to deal with your property and finances in accordance with your wishes. For instance, they might be able to operate your bank accounts, deal with your investments, deal with your tax affairs, or buy and sell property for you. You can decide what you want them to do for you. You can choose one or more attorneys and you can decide whether they act together or independently. You can also decide on successor attorney(s) if your chosen attorney(s) could not act for you.
What is a Personal Welfare Lasting Power of Attorney?
A Personal Welfare Lasting Power of Attorney would allow your attorney(s) to make welfare and health care decisions on your behalf. Your attorney(s) would only be able to make those decisions for you when you lack the mental capacity to do so yourself, and then, only to make those decisions you have authorised them to make on your behalf. Decisions they could take might include where and with whom you should live, arranging for medical, dental, or optical treatment for you, making decisions over your day to day care or consenting or refusing on your behalf to medical treatment. You can specify, when making the Lasting Power of Attorney what decisions you would want your attorneys to make and particularly, if there were any decisions you would not want them to make for you.
When should I make my Lasting Power of Attorney?
The documents are best prepared at a time when there can be no doubt that you understand their effect and the powers you are granting other people over your finances or welfare. Although it is possible for them to be prepared after you have fallen ill, it would depend on the nature and effect of your illness as to whether you are able to make them at that time.
What happens if I don’t make a Property and Affairs Lasting Power of Attorney?
If you do not make a Property and Affairs Lasting Power of Attorney there may be no one who has legal authority to make decisions about your financial affairs on your behalf. If you were in hospital or abroad for any length of time or you lose your mental capacity, your bills may go unpaid and your finances become muddled. Your family or friends would need to apply to the Courts for legal authority to act for you. The Court will decide who will look after your financial affairs. The court application is both costly and time consuming.
What happens if I don’t make a Personal Welfare Lasting Power of Attorney?
If you are unable to make decisions about your personal or healthcare needs and if you do not have a Welfare Lasting Power of Attorney an “independent mental capacity advocate” may be appointed to represent your wishes. While he or she will try to ascertain your wishes they will probably not know anything about you and how you would wish to be treated. It would probably be the doctor/healthcare professional treating you who requests the appointment of the “Independent mental capacity advocate”. You would have no control over the appointment.
Can I cancel a Lasting Power of Attorney I have made?
As long as you have mental capacity to do so you can always cancel a Lasting Power of Attorney.
I would like to make a Lasting Power of Attorney. What should I do next?
You should consider speaking to a local Solicitor or Legal Advisor about your options.
The Private Client team at Davey Franklin Jones can help you with the application, taking into account your own personal needs and circumstances. We can meet you at one of our offices or arrange a home or hospital visit if you prefer. We would be happy to discuss your requirements and would not charge you for the initial telephone call. We can tell you what you need to do and approximately how much it will cost so that you can make an informed decision.
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