Why Do I Need A Lasting Power of Attorney? (Really, TWO!)
The conventional wisdom is that you don’t need LPAs until you are old, whereas you actually need (ideally) to set them up on your 18th birthday. The cost of LPAs is modest compared to the alternative, you you will see….
Why Lasting Power of Attorney? Because up until your 18th birthday, your parents can make decisions on your behalf. Once you are 18, they have no legal control over you, so if you fall off your bike, get spiked or fall off a mountain, they have no legal control over what happens to you or your assets. I have personally seen several perfectly competent people permanently lose capacity after drug misadventures, and the prevalence of those seems to be rising.
Who does? Social Services will take any necessary immediate action and report to the Court of Protection with further recommendations.
If you recover rapidly, it probably isn’t a big deal. Unless there are important decisions which cannot be delayed such as exchanging contracts or completing a house sale. The Eisenhower Matrix is an interesting way of viewing of what is and what is not both urgent AND important. Many decisions can potentially be deferred until recovery, but medical ones often cannot.
But if you don’t have Lasting Powers of Attorney, it is a big deal. Someone has to apply to the Court of Protection to be appointed as your Deputy.
What is a Court of Protection Deputy?
Who can be a deputy
To be considered by the Court to be appointed as a deputy, a person must be over 18 and have good character. They should also ideally be closely connected to the person who lacks capacity, or be a qualified professional who will be entitled to charge full professional fees.
If the family do not agree who should be appointed, the Court will probably appoint a professional.
Then there is more than a 50% chance a Professional Deputy (not a family member) will be appointed to run your life, and you will pay their fees until your mental capacity is good enough to get an assessment adequate for the Court of Protection to discharge the Deputyship order. Or until you die, at which point the Deputyship ends and your Executors take over.
What does a deputy do
A deputy is appointed by the Court of Protection to make decisions for someone who can’t make them for themselves. Deputies usually make decisions about finances and property, but the court can also appoint them to make decisions about healthcare and personal care.
What is a professional deputy?
What are panel deputies?
How much does the application cost?
 CONTACT
Causes of Loss of Mental Capacity – temporary or permanent.
These are merely examples:
- Drink
- Drugs
- Accident – car, trip, stairs, sport.
- Mental Health Issues (very common)
- Dementia
- Depression – severe
- Learning Disabilities,
- Brain Injuries
- Coma
- Problems in Surgery
Actual Cases of lost mental capacity. Â The sad case of Betty Figg. Â Legal Planning Checklist & Fees
Key Reasons to Make Lasting Powers of Attorney
Lasting Powers of Attorney, correctly written, provide support to you and your family through some of the difficult times in your life (and theirs). Peace of Mind all round.
- Avoid joint accounts and assets being frozen even on suspicion of a lack of mental capacity such as being in a Nursing Home.
- To make sure your wishes are understood and acted on.
- To avoid disputes between well-meaning family members.
- To avoid the cost of dealing with the Court of Protection and paying professional deputies ‘ fees.
- Having the ability to CHOOSE trustworthy people to safeguard your interests rather than remote and costly professionals.
- Do you really want the Court of Protection to decide where you live, who you see and what medical treatment you have (at your expense)?