A Lasting Power of Attorney (LPA) allows you to appoint a trusted individual, or individuals, to act on your behalf, as your Attorneys; allowing them to help you with health-related decisions and/or the management of your assets, should you lose capacity. LPAs are divided into two types; one being Health & Welfare, and the other being Finance & Property.
Many assume that, if you are married or in a civil partnership, LPAs are no longer required, as their spouse or civil partner has the right to manage assets and make health-related decisions on your behalf. This, however, is untrue and we will explore the limitations your partner may encounter should you not appoint them as an Attorney.
Health and Welfare
Assuming that your partner can make decisions surrounding your healthcare is a common misnomer. A doctor may consult your next of kin, and may consider their opinions, however your partner has no legal authority when it comes to your health, and therefore doctors have no legal obligation to act according to their wishes. This means that all decisions would be at the discretion of your doctors and/or the Local Authority or Social Services. It can often result in significant distress for your loved ones, for example, should the matter of life sustaining treatment be considered. Your next of kin may have differing opinions to your doctors, yet the doctors’ decisions will override any opinions of those without an LPA. If you have an LPA in place, a doctor cannot override the Attorney’s decision. For example, if it was recommended that you move to a care home, but your wish was to be cared for by your loved ones, an LPA would allow your Attorney to make this decision.
Finance and Property
Only you have the authority to deal with your bank accounts, properties and pensions, as well as any of your other investments in your sole name. This means that if you were to go to hospital, or go into care, your partner doesn’t have the authority to manage your finances on your behalf, and may instead go through the process of obtaining a court order. Each action would require a new court order, which can become heavily time consuming, not to mention the mounting expenses. Therefore, a lack of an LPA will become an ordeal for those closest to you, who wish to help you in a time of need.
If you would like to learn more about LPAs, you can find the information on our website, at https://circelaw.co.uk/services/lasting-powers-of-attorney/. If you wish to speak to a specialist, we offer free initial consultations, so feel free to call us at 01628 334250, or email us at info@circelaw.co.uk.
