Lasting Powers of Attorney in Essex, Billericay, Brentwood, Chelmsford, Shenfield, Basildon, Southend.
Who needs an LPA? That is simple: around 60% of us will lose the ability to make decisions at some stage in their lives, If you have come to our site thinking that your family could manage your life if you became unable to, let’s make one thing clear.
Your family have no rights!!!!! if you are over 18. Your husband or wife or Partner has no rights. Until you or Unless you make your Lasting Powers of Attorney. Here are 2 cases that shows the exact sort of situations that could happen to you without having YOUR Lasting Powers of Attorney in place:
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Am i too young to put MY LPA in place? If you don’t have Lasting Powers of Attorney This is what could happen, and as you will see you don’t have to be old. Recently, a local authority declared that a pregnant lady was mentally incompetent and forced her to have a caesarian section then took her baby away. So don’t fall into the huge trap of thinking Lasting Power of Attorney (LPA) are only for the old folk. Anyone at any age can fall over, have a car accident or a heart attack, a stroke, why leaving your family powerless in the face of Social Services.
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Deprivation of liberty and damages. Essex County Council v RF (2015) EWCOP 1, (2015) MHLO 2 — ‘
‘The judge described the situation as follows: “It is hard to imagine a more depressing and inexcusable state of affairs. A defenceless 91 year old gentleman in the final years of his life was removed from his home of 50 years and detained in a locked dementia unit against his wishes. Had it not been for the alarm raised by his friend RF he may have been condemned to remain there for the remainder of his days. There can be no doubt that ECC’s practice was substandard. They failed to recognise the weakness of their own case and the strength of the case against them. They appeared unprepared to countenance any view contrary to their own. They maintained their resolute opposition to P returning to his home until the last possible moment. In my judgment the conduct of ECC has been reprehensible. The very sad and disturbing consequences for P cannot be ignored.”
(1) A final declaration was made that P lacked capacity to make decisions in relation to his residence and care arrangements, but retained capacity to make decisions in relation to contact with others.
(2) In considering quantum there is a difference between procedural breaches (which would have made no difference to P’s living or care arrangements) and substantive breaches (where P would not have been detained if the authority had acted lawfully).
(3) The judge approved the following compromise agreement: (a) a declaration that ECC unlawfully deprived P of his liberty for approximately 13 months; (b) £60,000 damages; (c) care home fees to be waived (around £23-25,000); (d) damages to be excluded from means testing for community care costs; (e) costs to be paid (may exceed £64,000). “