June 4, 2024

Powers of Attorney

Do I need a Lasting Power of Attorney?

Do I need a Lasting Power of Attorney?

Many customers come to Town & Country Law and ask our specialists, “Do I need a Lasting Power of Attorney?

Many customers come to Town & Country Law and ask our specialists, “Do I need a Lasting Power of Attorney?

In this article we answer that question and explore others such as “What is a Lasting Power of Attorney?”, “Why is a Lasting Power of Attorney Important?”, “What is included in a Lasting Power of Attorney?” and “Who should I appoint in a Lasting Power of Attorney?”

THE long length of lifespans in the western world give us more years to live. But they’re also leaving us prone to ageing illnesses.

It has transpired that the longer we’re alive, the more likely we are to suffer debilitating ailments like dementia, Alzheimer’s, Parkinson’s disease and stroke.

For our clients, this modern day problem raises the question, “Do I need a Lasting Power of Attorney?”

All of these life-affecting illnesses can unfortunately rid us of the mental capacity to make good decisions.

And, when their symptoms are most severe, sadly they can leave us unable even to comprehend the enormity of choices available to us.

Fortunately though, Town & Country Law is able to put legal measures in place that enable you to make those decisions ahead of time, while you’re in your best state of mind.

Through a Lasting Power of Attorney, penned by qualified and experienced solicitors, those legal measures also allow others to act on your behalf – should you succumb to a devastating illness like Alzheimer’s or dementia.

Town & Country Law’s team of specialist legal professionals draft Lasting Powers of Attorney that protect and support you in such difficult circumstances.

They give you the opportunity to future-proof the handling of financial and medical matters, should a health issue affect your cognitive powers.

LPAs, as they’re known in our industry, enable you to assign a person (or persons) to make your decisions and manage your affairs on your behalf.

They also guarantee that your family won’t face the daunting and arduous process of petitioning a court to decide and appoint your representatives for you.

Lasting Powers of Attorney by Town & Country Law give you peace of mind today that someone you trust will act in your best interest later – if illness renders you unfit to act for yourself.

What is an LPA?

It isn’t uncommon for customers to not know about LPAs and ask us, “What is a Lasting Power of Attorney?”

LPAs are legal documents that give named family members or friends the designation, direction and authority to manage your affairs, if you lose the mental capacity to do so yourself.

Lasting Powers of Attorney empower those nominated people to act lawfully and appropriately, often in accordance with your expressed wishes.

When you’re unable to make decisions due to illness, an injury or a medical event, they are legally approved through your LPA to step into your shoes and make wise choices for you.

Town & Country Law’s LPAs are constructed by qualified solicitors who are experienced in ensuring you provide robust authority to those you trust to make life’s big decisions on your behalf.

Why are Lasting Powers of Attorney important?

At Town & Country Law we’re often also asked the question, “Why is a Lasting Power of Attorney important?”

So many customers don’t understand ‘what is the purpose of a Lasting Power of Attorney?’

They may be aware of others who have one in place. But, so few know an LPA’s real value to them and their loved ones.

If you suffer an illness which diminishes your capacity to make good choices and you haven’t put a Lasting Power of Attorney in place, no one can act with impunity on your behalf. Someone who does may be liable to legal action from another person.  

Your family will also have to navigate the drawn-out, slow and expensive process of having the Court of Protection appoint representatives to handle your affairs.

This laborious process may have to be undertaken once you’re already suffering from a debilitating illness that needs addressing quickly with good decisions.

With an LPA to hand, someone you trust can step in, then and there, and take control of your money and health affairs for you. Powers of Attorney mean your life can continue to run smoothly around your difficulties.

If you lose your mental powers to manage your finances without a LPA in place, your partner may lose access to any joint investments, bank accounts and funds that you own. The best way to avoid the difficulties of frozen assets, and family disputes, is to have a signed Lasting Power of Attorney in place.

If you are not mentally fit to make choices around your healthcare, without a Lasting Power of Attorney, medics may be forced to make tough decisions that don’t match your wishes. A Lasting Power of Attorney makes your clearly-explained wishes certain in those moments. And it puts those decisions in the hands of someone who knows you and what you want.

Town & Country Law creates robust LPAs that ensure you have designated decision-makers to act carefully for you on healthcare and financial matters.

Our Lasting Powers of Attorney give them the legal right to work in your best interests, should you be unable to make rational choices of your own.  

What is included in a Lasting Power of Attorney?

A Town & Country Law Lasting Power of Attorney gives you an assurance that appropriate choices will be made on your behalf.

It nominates a person, or persons, legally and gives them the lawful right to make big decisions for you, when you’d struggle to make them alone.

Your Town & Country Law’s Lasting Power of Attorney will officially appoint a person, or persons, of your choice:

Lasting Powers of Attorney often include advanced statements, or letters of wishes, so your attorneys have clear guidance to follow legally in certain circumstances.

These documented points of reference help to remove ambiguity and protracted debate among multiple attorneys who you have appointed.  

Who should I appoint in my Lasting Power of Attorney?

Many people don’t have an LPA because they don’t know who to appoint in their Lasting Power of Attorney.

“Who should I appoint as my attorney?” is a serious question that requires wide-ranging consideration.

Which family members or friends you register formally in your LPA is entirely up to you.

However, Town & Country Law advises its clients to choose someone they trust. A person who knows them and their wishes, and their ways of doing things, very well.

We think they should have a responsible and practical approach to life. This enables them to make rational decisions when they are needed most. We often advise that a nominated person shouldn’t be overly emotional in nature.

Importantly, the person who you designate to make financial and health-related decisions on your behalf should be happy to do so.

If you are choosing more than one attorney then it is important to choose people who get on, to avoid disagreements. Quarrelsome, stubborn and domineering people can quickly disable the powers in LPA paperwork when multiple attorneys are named.

When Town & Country Law’s experts work with you to create your Lasting Power of Attorney, they will help you come to your decision about those you name in your LPA.

We hope these sections answer the questions that our experts hear often from customers. Questions like, “Do I need a Lasting Power of Attorney? What is an LPA? What is included in a Lasting Power of Attorney?”  

Arranging a Lasting Power of Attorney Will is a critical element of good legacy planning. Drafting a Lasting Power of Attorney constitutes a decisive move towards ensuring your affairs are controlled, according to your wishes you are unable to express them.

Having an LPA prevents important matters being taken out of yours and your loved ones’ hands when illness, injury or a medical event renders you mentally unable to decide them.

LPAs gives you the legal certainty that your decisions and interests are dictated by the right people. They’re an assurance that all which should be done will be done for you, if your mental powers are diminished by illness.

And a Town & Country Law Lasting Power of Attorney will also give you comfort in the knowledge that all of your end-of-life arrangements are perfectly in order.

A Town & Country Law Lasting Power of Attorney is your way to ensure that you have trusted decision-makers managing your money and health accordingly, when you can’t do so.

To find out more about a Town & Country Law Lasting Power of Attorney contact Town & Country Law today for a friendly discussion about your wishes in difficult circumstances. Call 01522 282600

Alternatively, one of our team can visit you in the comfort of your own home, should you prefer. Sometimes, it’s easier to plan these things while accompanied by the people you appoint to choose and act on your behalf.

Town & Country Law ensures all of your end-of-life needs are documented by highly experienced professionals who listen to your wishes and advise on your attorneys.

When you reach your conclusion that, “I want to put an LPA in place,” then Town & Country Law ensures you have a Lasting Power of Attorney written by a fully qualified solicitor.

This is how Town & Country Law guarantees your wishes are fulfilled and your affairs are managed correctly should you need others to act on your behalf.

Contact Town & Country Law on 01522 282600 to get started on your LPA.