What if you can’t make a a decision?
Unfortunately there are instances where someone cannot make decisions due to mental incapacity. The NHS estimate that over 2,000,000 people lack the mental capacity to make decisions for themselves due to dementia, mental health difficulties, brain injuries or other illnesses that may occur even in the prime of life.
In these circumstances, a Lasting Power of Attorney or LPA is required. This is a legal document which lets you appoint another person or people to be your attorneys and allows them to make decisions on your behalf in the event that you are no longer able to do so. Even a joint Bank or Building Society account may be frozen if ONE of the account holders lacks mental capacity and there is no LPA in place.
A person must not be under undue influence from others when making a Lasting Power of Attorney. There is never an automatic presumption, there are strict rules and criteria as to the mental capacity of the person making the LPA.
There are two types of LPA’s
- Personal Health and Welfare – relating to social and health care needs
- Property and Financial Affairs – relating to financial needs
You can set up an LPA at any time and hold it for the future, but it can’t be used until it is registered.
For more information on Lasting Power of Attorney, email Karen or ring 0151 305 2305.