When dealing with a loved one’s estate during a stressful time, attempting probate on your own can be risky. Isabelle Gulliver, a Paralegal in WSP Solicitors’ Private Client Department specializing...
Plan ahead, consider a Lasting Power of Attorney
Have you ever wondered who would look after finances or your home if you were either physically unable to manage them yourself or if you became ill or had an accident and you lost capacity? Also who would be involved in making decisions about your health and welfare, such as your day-to-day care, medical treatment or where you might live? Your family or those you would like to manage such matters or make decisions on your behalf do not necessarily have the right to do this. With a Lasting Power of Attorney (‘LPA’), you can ensure that those you would want to help you and those you trust to do so can be involved.
LPAs legally appoint someone of your choice to manage your property and financial affairs if you are either physically unable to deal with such matters yourself or if you have lost mental capacity. You can also appoint someone of your choice to be involved in making decisions about your health and welfare if you have lost mental capacity and you are unable to make such decisions yourself. Your attorneys can also be given your consent in the LPA to be involved in making decisions about life sustaining treatment and you can let your attorneys know your views on this.
LPAs are often thought of when it is too late, when someone has lost mental capacity and cannot be granted an LPA, meaning that a court order appointing someone to deal with your property and financial affairs and health and welfare decisions will be needed. This can be a lengthy and costly process when you least need it.
Having an LPA in place in advance is always advisable and will mean it can be used immediately (subject to registration at the Court of Protection first) when it is needed.
If you would like to create an LPA or discuss your personal circumstances please contact Kirstie Carr by email email@example.com or call 01453 541940.