LPA Health & Welfare

Lasting power of attorney,
Helps plan for the future, Whatever it holds?

Lasting Power of Attorney LPA Health Welfare Keily Legal

SHOCK NEWS……. 44 million in the UK do not have one.. that’s 85 per cent of the UK adult population.

A Lasting power of attorney (LPA) is a legal tool that gives another adult the legal authority to stay on top of household bills and ensure their loved ones are cared for. they can make certain decisions for you, if you become unable to make them yourself.

Dementia is a growing challenge, In England it’s estimated that around 676,000 people have dementia but across the UK that estimate is more like 850,000. Hundreds of thousands of people will eventually reach a point where they are no longer able to make decisions for themselves or manage their finances, But most families are unprepared for such eventuality.

Lasting Power of AttorneyLasting powers of attorney (LPAs) let you choose a person (or people) you trust to act for you. This person is referred to as your ‘attorney’, and you can choose what decisions they are allowed to make for you.

There are two different types of LPA. One of them covers decisions about your property and finances, and the other covers decisions about your health and welfare. You can choose to make both types or just one. You can appoint the same person to be your attorney for both, or you can have different attorneys.

An LPA can only be used after it has been registered at the Office of the Public Guardian (OPG). The OPG is responsible for the registration of LPAs

As described by the DirectGov website

A Lasting Power of Attorney can help YOU plan how your health, wellbeing and financial affairs will be looked after. It allows YOU to plan in advance:

the decisions you want to be made on your behalf if you lose capacity to make them yourself
the people you want to make these decisions
how you want the people to make these decisions

HEALTH AND WELFARE

A Health and Welfare LPA allows your attorney to make important decisions about your medical treatment, social care needs and where you live.

LPA Health Welfare Keily Legal

Once a lasting power of attorney has been registered and the documentation has been received, it can be used at any time
ONLY with your permission OR if you have lost mental capacity.

You are not Losing your independence by creating a Lasting power of Attorney which is what most people think happens when
considering this or when their kids talk about putting these in place.

YOUR LPA can be set up within a few hours and registered properly with the OPG (Government Department) in seven to ten weeks.
Whatever life holds this document can help everyone plan for the future.

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6 Reasons why you
should have an LPA

1. You control an LPA

You can name the person you want to act as your attorney, whereas if you are incapacitated without an LPA, decision-making responsibilities could be awarded to anyone by the Court of Protection – including, for example, a relative who you don’t believe has your best interests at heart.

2. An LPA is ‘lasting

That L is important. An ordinary power of attorney can be made in good health, but will be revoked by mental incapacity. An LPA not only lasts beyond the point of incapacity, but is generally not even triggered until that point, when it is needed most.

3. LPAs must be registered to come into effect

As mentioned above – but worth stressing again – an LPA only comes into effect when it is triggered or ‘registered’. Property LPAs can be triggered while you are still mentally capable, to appoint an attorney to help you out, whereas welfare LPAs are solely for when you cannot decide for yourself anymore.

4. Financial powers are limited

Your attorney can’t just give away all of your money. Financial gifts are capped, and a court order will be needed to approve more sizeable gifts of your money to other people. Similarly, professional financial advice must be sought before your attorney can make investment decisions on your behalf, protecting you from them speculating too wildly with your money.

5. An LPA is faster

The Court of Protection exists to make sure your family gets the access to your finances that they need if you are incapacitated, but without an LPA that can take a long time to put into place, which can leave your loved ones to face hardship in the meantime. With an LPA it’s clear who gets access to your money and as soon as it is registered, they can start using it to make sure your family is properly looked after.

6. It gives you peace of mind

You probably wouldn’t want to die without a will in place, especially if you own property, have substantial cash savings, or have a partner or dependants. But what if something happens to you that does not kill you, but leaves you incapable of communicating your wishes to those closest to you.

It’s an uncomfortable thought but it’s crucial to consider it in good health and make the sensible decision – and an LPA is probably the single best way to make sure that your interests are protected from the moment you are incapacitated until your death, after which your will can distribute your estate in the usual way