Having a Lasting Power of Attorney (LPA) is a sensible idea because it ensures that if you’re unable to make decisions for yourself due to illness, injury or other unforeseen circumstance, you have the ability to choose someone you trust - referred to as your "attorney" - to make decisions on your behalf. This ensures that decisions are made in your best interests and aligned with your wishes as closely as possible.
What happens if you become incapacitated without an LPA?
- No one automatically has authority: Even your spouse or closest family members do not have the automatic legal authority to manage your finances or make health decisions.
- Court of Protection involvement: Your family would need to apply to the Court of Protection to appoint a "deputy" who can act for you. This process is time-consuming, costly, and may result in someone being appointed who doesn’t fully understand your preferences.
- Financial and medical delays: While the application is being processed, important decisions - such as accessing your bank account, paying for care, or making urgent health decisions - could be delayed.
- Greater stress for loved ones: The lack of clear instructions can create confusion or conflict among family members or friends, making an already challenging time even harder.
An LPA is a simple, but powerful document that ensures your wishes are followed and your loved ones are spared unnecessary stress. By setting one up now, you take control of your future and protect those you care about most.
