What would your family do if you were to lose physical or mental capacity? Most people I talk to say my partner would help make my decisions. The reality is that without a Lasting Power of Attorney in place your family would have to apply to the court of protection to get access to any of your assets even your bank account. This process can be a nightmare if your partner is financially dependent on you or you have a joint bank account as your assets are now frozen. Your family cannot make decisions about your healthcare this is now done by someone who doesn’t know you from your local council. They now have control over how, when and where you get looked after.
There are two types of Lasting Power of Attorney that you should have in place;
At Blackmore Wills we like to meet our clients face to face at your home office or at our offices, we can also arrange meetings over the telephone or online. Our process is quite simple, at our first meeting we run through what you are trying to achieve from writing your will. We then look at your current financial and personal circumstances and help advise you how your will should be drafted to help you achieve these goals.
We then draft your will and make sure you are happy with the contents before we then ask your witnesses to sign the will. Without signatures the will is not legal. (This cannot be your spouse or a beneficiary as they will be excluded from the will).
This type of LPA allows your chosen attorney to help make legal decisions on your daily routine. These decisions may include who washes and feeds you. What type of medical care you do or don’t receive and where you are cared for.
This type of LPA can only be used when you can no longer make your own decisions. The decisions that your attorney makes must be in your best interests so choosing someone who knows you extremely well is very important. Your chosen attorney will make your decision on your behalf so they must be able to understand your values and the decisions that you would make if you were able to.