What would happen if you had a stroke, an accident occurred resulting in a brain injury or you developed dementia?
Who would look after your finances or help you decide on medical care? Your partner or spouse has no automatic legal authority to do so.
A lasting power of attorney (LPA) is a legal power which gives an adult, whom has been chosen by the person giving the power, the right to make a decision on their behalf, after, for example they have a stroke, head injury or develop dementia. If this situation arises, when a LPA has not been created, a deputy would need to be appointed which involves a applying to the court and submitting a report and accounts each year – a much more expensive, complicated and drawn out process.
The Advice Team recommends that you bear in mind that if you, or a family member, were to lose mental capacity there would not be anyway to make decisions or manage your money and pay your bills on your behalf legally, unless a lasting power of attorney (LPA) has been created. Also many illnesses or accidents can cause the inability to make major decisions in your life, for example – managing finances, deciding on health treatments, where to live or be cared for. Therefore creating a LPA ensures your wishes are abided by and a trusted family member(s) or trusted friend(s) can make decisions on your behalf just in the case an accident or illness occurs.
The Advice Team are available to take you through this process and help you complete the relevant forms correctly and get it registered.
Enduring Power of Attorney
If you had made an enduring power of attorney (EPA) before October 2007, the Advice Team can assist the attorney(s) to register this document when you loose or start to loose your ability to make your own financial decisions and manage your own money.
However, it is worth bearing in mind that an EPA does not give your attorney(s) legal decision-making power in relation to your health or welfare, where you live or who cares for you, if there are choices between different treatment options or if you need to be placed in a residential care home. A lot of people assume it does give you the legal right to make these sorts of decisions to, but it doesn’t.
Find out more with our useful factsheets:
Get in touch…
0300 330 5514 (calls charged at the local rate)
Monday to Friday, 9.30am – 1.30pm (information and appointment line)
Where is our Advice Team…
Unit C, Acorn Business Park, Ling Road, Poole BH12 4NZ
Jewell Academy Bournemouth, Jewell Road, Townsend, BournemouthBH8 0LT