The Importance of making a lasting power of attorney

A lasting power of attorney is a legal document that would include your instructions and wishes to appoint someone you trust and who is capable of managing your affairs in the event you lose mental capacity and are unable to make a decision. While it is important to make a last will with instructions on how to manage your estate, it is also very important to put in place a lasting power of attorney in the event you lose the mental capacity to deal with your affairs. A lasting power of attorney, once made and registered with the office of the public guardian, can be used both when you have full mental capacity and no longer wish to make a decision or if you no longer have the mental capacity to make such decisions.

This will also give you more control over your day to day conduct and your affairs. There are two types of lasting power of attorney.

property and finance affairs lasting power of attorney will grant legal authority to your attorney to

Health and welfare lasting power of attorney will grant legal authority to your attorney to

If an unfortunate event occurs, such as a sudden accident or illness, and you are not able to make a sound decision and a lasting power of attorney is not in place, your spouse or your family would not be able to manage your affairs. Bank accounts will be frozen, including joint accounts, preventing your family from drawing money from the accounts to cover your expenses. In a scenario like this, someone from your family will have to apply for a deputyship order from the court of protection, which would be expensive and time-consuming. This would take approximately 9 months, making it very difficult to manage your affairs. Even after a deputy is appointed without a lasting power of attorney, decisions will be made that do not reflect your views or wishes. Once a person loses mental capacity, it would be too late to make a lasting power of attorney. With a lasting power of attorney in place, your attorney will be able to manage your affairs without getting the court involved. Finally, it’s advisable to make a lasting power of attorney sooner rather than later, and if you need assistance, please seek legal advice.

Chathuri Kumar
Solicitor

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This website is owned and operated by senior solicitor Chathuri Kumar SRA No: 492144. Chathuri Kumar provides her conveyancing services through the solicitors firm Taylor Rose MW which is authorised and regulated by the Solicitors Regulation Authority. Its full details can be found at its website here: www.taylor-rose.co.uk

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