The Mental Capacity Act 2005 protects people who may not be able to make some decisions for themselves and provides a legal basis for how other people (an Attorney(s)) can make decisions on their behalf.
Whilst most people recognise the benefits of having a Will, few are aware of the need to consider what might happen if they are no longer able to manage their affairs due to, for example:
In order to avoid family or friends having to make an application to the Court of Protection to appoint another person (a Deputy) to manage their affairs, it is advisable to make a Lasting Power of Attorney (LPA).
An LPA is a legal document where a person gives their Attorney authority to make certain decisions on their behalf when they may lack the capacity to make decisions themselves.
There are two types of LPA:
1. Property and Financial Affairs. This allows your attorney(s) authority to deal with your property and finances, as you specify. This can involve paying your bills, collecting income or benefits, buying and selling your property,
2. Health and Welfare. This allows your attorney(s) to make decisions on where you live, your treatment, care and medication. This could also extend, if you wish, to giving or refusing consent to the continuation of life sustaining treatment.
We are experienced in drafting LPAs, in securing their registration with The Office of the Public Guardian and in advising on their interpretation and implementation.