When people hear the term 'Lasting Power of Attorney' (LPA), they often assume it’s something only the elderly need to consider. However, this misconception can leave individuals and families vulnerable should the unexpected happen. Accidents, illnesses, and unforeseen circumstances can affect anyone at any age, making an LPA a crucial safeguard for everyone.
What Is a Lasting Power of Attorney?
An LPA is a legal document that allows you to appoint one or more trusted individuals (known as attorneys) to make decisions on your behalf if you become unable to do so yourself. There are two types of LPA:
1. Health and Welfare LPA – Covers decisions about your medical treatment, care, and daily routine if you lose mental capacity.
2. Property and Financial Affairs LPA – Allows your appointed attorney to manage your finances, pay bills, and handle property transactions.
Why You Should Consider an LPA at Any Age
Many assume that LPAs are only relevant in old age or for those diagnosed with serious health conditions. However, life is unpredictable, and circumstances such as sudden illness, accidents, or even temporary incapacity (such as being in a coma) can leave you unable to make crucial decisions. Having an LPA in place ensures that someone you trust is legally able to act on your behalf, rather than leaving your family to navigate complex legal hurdles.
The Risks of Not Having an LPA
Without an LPA, if you become unable to make decisions, your loved ones would need to apply to the Court of Protection to be granted the authority to act on your behalf. This process can be costly, time-consuming, and stressful, often leading to delays in essential decisions regarding your health and finances. In the meantime, bills may go unpaid, and medical decisions could be made by doctors rather than someone who knows your wishes.
Choosing the Right Attorney
Selecting the right person to act as your attorney is crucial. This should be someone you trust implicitly, such as a partner, family member, or close friend. You can also appoint a professional, such as a solicitor, to ensure decisions are handled impartially.
How to Set Up an LPA
Setting up an LPA is a straightforward process but requires careful consideration. The document must be registered with the Office of the Public Guardian before it can be used. A solicitor can guide you through the process, ensuring that it is legally sound and reflects your wishes accurately.
Act Now, Not Later
An LPA isn’t just for the elderly – it’s a vital legal tool for anyone who wants to plan for the unexpected. By putting an LPA in place now, you can ensure that your affairs are handled smoothly and by someone you trust, should the need ever arise.
If you’d like to discuss setting up a Lasting Power of Attorney, our expert team at Spire Solicitors can provide clear guidance and support. Contact us today to learn more on 01953 606351.
