The courts are often called upon to sanction treatment for patients whose ability to make...
Most people now realise the importance of making a Will and appointing somebody to handle their estate after they die. But how many of us prepare for the time when we are no longer mentally capable of handling our financial and welfare matters, by appointing someone to manage our affairs, whilst we are still alive.
Who will do the routine things which you have done all your life such as paying your bills on time, sorting out your savings, ensuring that you receive all the benefits to which you are entitled, filling in forms and tax returns, gaining the money from the bank when you need to and insuring your home and possessions.
In October 2007 the Lasting Power of Attorney (LPA) came into force. This enables you to appoint an Attorney with authority to act on your behalf.
There are two types of LPAs namely:
- Property and Affairs LPA - which allows your Attorney to deal with your property and finances as you specify
- Health and Welfare LPA - which allows your Attorney to make welfare and health care decisions on your behalf. When you lack mental capacity to do so yourself. This could also extend if you wish to giving or refusing to consent to the continuation of life sustaining treatment.
Historically I have always advised clients to prepare a Property and Affairs LPA, as without this document either a family member or a friend would have to apply to the Court of Protection to become a Deputy. This is a costly and lengthy process that I would not want any of my clients to have to face.
However, if you have not prepared a Welfare LPA the person that makes these decisions for you will be your next of kin. I have always taken the view that this document is only essential for those clients who either have no close family or the family they have they do not get on well with.
We are now however finding increasing number of cases where close family members are struggling dealing with certain healthcare professionals without a Welfare Lasting Power of Attorney in force. Without the document in place families are finding decisions being taken out of their hands for example what care home that their loved one is placed in. I am now increasingly coming to the conclusion that it is essential for both documents to be prepared whilst you have capacity to give your family peace of mind should the time come when you are not able to make those finance or welfare decisions yourself.
For those of you who have prepared an Enduring Power of Attorney before October 2007 the document will still be valid today but please note that it only relates to finance decisions. For you I would recommend the preparation of a Welfare Lasting Power of Attorney to be sure that all your affairs are in order.