Advice on Lasting Powers of Attorney
To prevent this from becoming a significant problem for you and those close to you, it is sensible to prepare a Lasting Power of Attorney.
If you do not address this whilst you are in good health, it may mean that your family have to apply to the Court of Protection to be appointed to act on your behalf. You will not have any control over this appointment and will not be able to give directions and express your wishes to those appointed.
You can prepare Lasting Powers of Attorney now which come into effect if you lose your capacity. This allows you to choose who makes decisions on your behalf and set out any wishes and restrictions on the power.
There are two types of Lasting Powers of Attorney: one for your property and finances and another for your health and care decisions. You can prepare either or both of these.
Appointing someone as your attorney gives them very significant powers and duties. Whilst you can prepare and register the documents yourself, receiving legal advice about the consequences first allows you to make the best decisions.
Prior to 1st October 2007 it was possible to create Enduring Powers of Attorney. Whilst no new ones can be made any existing ones created before that date are still valid. If you have been appointed under such a power and need advice and assistance in relation to your role as attorney, we would be happy to assist.
A Living Will
In addition to LPA, it is also possible to prepare binding directions regarding possible medical treatment (sometimes known as a Living Will) or non-binding guidance documents. Thomas Simpson Solicitors of Winchester will advise you on these options and help you pick the one that is right for you.