Lasting Powers of Attorney & the Court of Protection

An insurance policy for your future

Whilst it’s natural to want to make our own choices and decisions, since life has a habit of turning up the unexpected, it’s always wise to think about how you can create a safety net for the future, to protect everything that matters to you and those you love.

You can choose people you trust to take care of your financial affairs and make important decisions about health care and welfare should a situation arise that prevents you from making decisions yourself. 

Helpfully, the law makes it straightforward for you to safeguard your future. By making a Lasting Power of Attorney, you can choose people you trust to take care of your financial affairs and make important decisions about healthcare and welfare should a situation arise that prevents you from taking or communicating decisions yourself. Whilst lots of people feel that such situations only tend to arise later in life, it’s important to consider that due to accidents or sudden illness problems could arise at any time.

You could think of a Lasting Power of Attorney, also known as an ‘LPA’, as an insurance policy: something to preserve your best interests and choices should it ever become necessary. Just remember that a Power of Attorney can only be made when there’s full mental capacity, so it’s important not to put it off until ‘the time comes’.

There are two different types of LPA:

Property and affairs LPA: You choose one or more people you trust to take care of decisions about your finances and property. This could be anything from paying everyday bills to collecting income or benefits through to selling property you own. If you wish, you can restrict the powers you give these people – your ‘attorneys’ - or include certain conditions.

Health and welfare LPA: These Powers allow your chosen attorneys to make decisions for you concerning your health and welfare, but only if you cannot take decisions yourself. Their decisions could include things such as where you live and how much professional care you may need either in your own home or elsewhere. You can also  authorise your attorneys to discuss your end of life care if you have lost the capacity to participate in discussions with your doctors.  When you execute the Lasting Power of Attorney you will be able to give your attorneys guidance about what your own wishes would be in certain circumstances.

We’ll discuss all the choices you have when we meet you. 

Click here to download our Lasting Power of Attorneys fact sheet.

Court of Protection

Unless there’s an LPA, the Court of Protection will step in to safeguard the rights of anyone who lacks the capacity to make their own financial or welfare decisions. The work the Court does is highly commendable but really it’s preferable to make arrangements in advance through an LPA because you will have made your own choice of Attorney and set out in the LPA what the Attorney is allowed to do. 

If you’re in a situation where a loved one can no longer make important decisions and there’s no LPA, we can help you apply to the Court of Protection to be appointed as a deputy to manage his affairs. 

We’re also able to assist if you’re not sure about the ability of an appointed attorney, or if a dispute or objection relating to something covered by an LPA has arisen. Whatever may be on your mind, please call us.

To make a Lasting Power of Attorney or for help with any Court of Protection matter you can call us on 0161 653 5299 or e-mail michelle.corry@sedgwick-legal.co.uk

For more information please call us on 0161 6535299

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