A Lasting Power of Attorney (LPA) is the way to ensure that the people you trust will be able to take important decisions on your behalf if you become mentally or physically incapable of doing so for yourself.
While LPAs are most often used to deal with the affairs of the elderly, if they are prepared much earlier in life, they will give the same protection in the event of incapacity as a result of illness or accident.
A Property and Financial Affairs LPA gives your chosen attorney(s) authority to deal with your property and finances as you specify.
A Health and Welfare LPA allows your chosen attorney(s) to make welfare and health care decisions on your behalf, only when you lack mental capacity to do so yourself. This could also extend, if you wish, to giving or refusing consent to the continuation of life-sustaining treatment.
If you lose the capacity to make a financial decision, and have not made an LPA or EPA, it may be necessary for an application to be made to the Court of Protection for an appropriate order to enable someone to act on your behalf.
Court of Protection
If a member of your family becomes vulnerable and no longer has the mental capacity to handle their own affairs and they have not signed a Lasting Power of Attorney you may need to apply to the Court of Protection for a deputy to be appointed to deal with their financial affairs. If you do not have the time or there is no one else available, then one of our lawyers can be appointed as the deputy.
Our lawyers are vastly experienced in Court of Protection matters and the day to day management of the vulnerable person’s affairs.
Please feel free to contact us to discuss your matter further