What happens when someone no longer has sufficient capacity to make their own decisions? Does their next of kin automatically have the right to decide what medical treatment they receive or manage their finances? The short answer is no. If you have not created Lasting Powers of Attorney, or its predecessor the Enduring Power of Attorney, then no one has the legal right to make any decisions on your behalf.
A Lasting Power of Attorney is a legal document in which you appoint a person, or people, to make decisions on your behalf. There are two types – one to cover your health and welfare and the other to cover your property and finances. Once registered with the Office of the Public Guardian, your attorneys can step in as and when needed to assist you. If you do not have such legal documents in place and lose your capacity, an application would have to be made to the Court of Protection to appoint a Deputy – a longer and more expensive process which could have been avoided.
Whilst it is possible to create Lasting Powers of Attorney yourself, you run the risk of making costly mistakes and failing to address your individual needs. Leaving it until later in life is also a risk, as you never know when you might need assistance from those close to you. We recommend to all our clients, regardless of age or health, to set up Lasting Powers of Attorney whilst they can and safeguard their future. If you require further information on Lasting Powers of Attorney, or any other matters, get in touch with one of our team today.
