Law

legally speaking...

Our regular law column with

Act now to avert future suffering and anxiety...

In general, most people are now familiar with Lasting Powers of Attorney (LPA), both the Financial & Property and Health & Welfare. These documents form the legal basis upon which a person (donor) with capacity to make decisions can appoint an Attorney(s) of their choice to act on their behalf in the event they are unable to do so. It has become common practice for banks, investment institutions, NHS bodies and professionals to require sight of these documents before they are able to converse or convey information.

Despite my plea to anyone I meet to ensure such documents are created and registered, many people are still delaying and trusting that they will never be in a situation when they may be needed.

Alas, it is evident many people are leaving it too late and beyond the point at which there is an option and choice to do so – in these circumstances, we are approached in the hope we can circumvent the authorities.

The situation is simple – if a person lacks the capacity to make their own decisions, it will not be possible to create an LPA(s) - the only course of action is to make an application for a Deputyship. This involves a rather more complicated legal application and rather than the individual person being able to choose who will act for them – the Court of Protection will appoint a Deputy. This doesn’t mean the people closest to the individual who has lost capacity cannot be involved and make such an application – but it is for the court to decide their suitability. This process is considerably more expensive and can take between 6-9 months to complete. During this time, no one will have legal authority to act on the individual’s behalf. Access to money or sale of property cannot be made, meaning alternative arrangements to fund potential care for loved ones has to be placed on hold. We witness real hardship during these intervening periods. Taking the time to talk through these issues at an earlier stage can avert such suffering and anxiety.

If you are reading this and do not have your LPAs in place, we would urge you to arrange an appointment and let us help you.

If your loved ones have lost capacity, please speak with one of our team and discuss the Deputyship application process.

Do not delay – act now to ensure the people you wish to appoint and act on your behalf are those of your choice. We are here to help and guide you to do so, give us a call on 01822 610303.

Anne

Anne Reed

Solicitor & Advocate Paladin Advocates

12 Plymouth Road VHF Tavistock PL19 8AY VHF annereed@paladinadvocates.com VHF paladinadvocates.comVHF