Lasting Power of Attorney gives the power to someone to have the authority to make decisions on your behalf when you do not have the mental capacity to do so yourself.

There are two types of Lasting Power of Attorney and each type must be applied and costed for separately.

Click on the titles below for more information.

 

If you lose your mental capacity (or physical capacity in some cases) both you and your spouse or relatives or friends can’t deal with any the following:

1) They cannot pay your Bills

2) They cannot sign your cheques

3) They cannot draw money from your bank account

4) They cannot draw money from a joint bank account

5) They cannot sell your home or deal with your mortgage company

6) They cannot open and close accounts

If you lose your mental capacity (or physical capacity in some cases) both you and your spouse or relatives or friends can’t deal with any the following:

1) They cannot make decisions or control where you live eg which care home

2) They cannot control what you eat

3) They cannot control who you should be in contact with

4) They cannot control what kind of social activities you should take part in

5) They cannot control or make decisions on what medical treatment you should receive

6) They cannot consent or refuse life sustaining treatment for you

So if I do not have a Lasting Power of Attorney and I lose mental capacity, what is the procedure?

If a family member loses mental capacity or becomes physically incapable of managing their financial affairs then no other family member can be allowed to look after their affairs. It’s as simple as that.

The only alternative is to apply to the Court of Protection which is a long, expensive and insensitive process.

 

Court of Protection Process

 

Complete application form which includes a section to be completed by your doctor to confirm mental capacity.

Payment of £500 processing fee which includes a £100 deputy assessment fee.

Annual supervision of deputy which includes ongoing annual fees of between £35 and £320.

 

What should you do?

 

How do you prevent this potential nightmare? Simply set up a Lasting Power of Attorney. It will last a life time and make life so much more helpful and easier for all concerned.

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