Page 42 - Real Rochdale Issue 10 Summer 2021
P. 42
LASTING POWER OF ATTORNEY
Lisa Davies, Solicitor at
Molesworths Bright Clegg,
explains the benefits of
giving someone you trust
the legal authority to make
decisions on your behalf if
you become unwell.
Who will win at the Oscars? There are two types of LPA; possible, carrying out your
How long will you live? one covers property and preferences and instructions
financial affairs, the other and sticking to their legal
We can’t predict the future covers health and welfare. responsibilities. This helps
but we can overcome You can have the same or families in distressing
uncertainty by making a different attorney(s) for each circumstances, particularly if
will, ensuring our wishes are LPA. there could be a disagreement
carried out after our death. between family members.
Losing capacity without
How can we protect our having an LPA in place could LPAs must be made whilst
future whilst living, though? mean a person needing to take you have mental capacity.
We’re likely to live longer charge over your finances, and Your solicitor will ensure you
nowadays, which could mean sometimes health decisions, understand the consequences
losing capacity in later life and would need to apply to the of drawing up an LPA and that
a longer period where you Court of Protection for them you aren’t under any pressure
are incapable of making your to be appointed as a deputy or undue influence from any
own decisions on your health, for you. This is expensive and third party to make one.
welfare and financial affairs. time consuming which would
be avoided if you had an LPA Once your LPA(s) are
You could also lose capacity in place. It could also be that completed and registered
at any time through accident the person applying to court with the Office of the Public
or illness. You might decide might not be the person you Guardian, you can be certain
you no longer wish to manage would have chosen as your both your financial affairs
your affairs and let someone attorney. and health and welfare will be
else take care of them. taken care of by your chosen
The property and financial attorney(s). Registration can
Like having insurance, you LPA allows attorney(s) to be completed immediately or
can prepare for the worst by manage your bank accounts, upon losing capacity.
appointing someone you trust claim your pension etc. They
to act for you under a Lasting can also pay your bills and For peace of mind and,
Power of Attorney (LPA). deal with your other affairs provided you have capacity to
for you. do so, an LPA can be cancelled
LPAs give your attorney or changed at any time after
power to help you to continue A health and welfare LPA registration.
living, e.g. pay your bills, allows attorney(s) to make
decide what care you need, necessary decisions regarding Molesworths Bright Clegg
pay for shopping etc. when your care and medical are able to assist in the
you no longer have the ability treatment. Your attorney(s) preparation and execution of
or desire to do this yourself. would act in your best your LPA and are happy to
interests, consulting you when discuss options with you.
REAL ROCHDALE - SUMMER 2021 42 43 REAL ROCHDALE - SUMMER 2021
