Time to think seriously about the future

Currently our ageing population is a hot topic, particularly in terms of health, care services and pensions. Whatever impact this demographic shift has on society as a whole, there is no doubt that the legal issues affecting older people, their families, and carers, are becoming increasingly complicated. 
 

Questions surrounding capacity, delegated decision making, refusal of medical treatment, long term care, wills and tax planning are just a few of the matters which can concern us all, but especially the older generation. 

But with early careful planning many of these issues can be made easier, both for the older person themselves and those closest to them. 

Whilst most people acknowledge that a will enables you to make provision for your nearest and dearest, not many people consider what could happen if, for example, they are involved in an accident, suffer an illness, or are simply unable to manage their affairs. 
 

One opportunity to put in place protective measures in advance can be found in the form of a Lasting Power of Attorney, commonly referred to as an LPA. 
 

There are two types of LPA, one dealing with property and financial affairs, and the other dealing with personal health and welfare. Both documents allow you to appoint one or more persons to make decisions on your behalf, and safeguard your interests . Both are subject to strict requirements laid down in the Mental Capacity Act 2005.

Property and Financial Affairs LPA
These are designed for you to appoint attorneys to make a range of decisions, including the buying and selling of your house, operating your bank account, paying bills, dealing with your insurance, your tax affairs, state benefits, and other assets.

Health and Welfare LPA
Attorneys appointed under this document can make decisions relating to your living accommodation and care, consenting to or refusing medical treatment on your behalf, and even day to day matters such as diet and dress. 

The Health and Welfare LPA is probably of greater significance to those who hold strong personal views about how they wish to be cared for, particularly if these views are not necessarily shared by their next of kin.

How Do They Work ?
An LPA must first be registered with the Office of the Public Guardian before it can be used. The Property and Affairs LPA then usually takes effect immediately, whereas the Health and Welfare LPA only comes into operation if you lack the requisite capacity. 

In each case your attorney must consult with you ,and take into account your views before making any decision on your behalf. You can include restrictions and conditions in the LPA document itself, which your attorneys must follow ( this can be very useful, especially if the LPA is not needed for some time, or if you appoint a professional who may not be quite so familiar with your wishes). 

The main advantage of both types of LPA, particularly if they are made at a time in your life when you are able to consider it carefully, is that you get to choose who will do what, and how. They are incredibly flexible, and can be revoked at any time whilst you still have capacity. There are also safeguards and sanctions imposed by the Court if for some reason your attorneys fail in their duties.
 

What most people don’t realise is that without a Lasting Power of Attorney the Court of Protection has the power to appoint people to manage your affairs. This can be both costly and time consuming, and can increase the stress in what is usually already a very difficult situation.
 

Think seriously about setting up an LPA whilst you are fit enough so that the people you trust can deal with the management and protection of your affairs in the easiest way possible, helping them to help you. 

For more information call Clare Love on 01524 846846