Tuesday 26 January 2016

Lasting Power Of Attorney And Planning Ahead For The Unpredictable

A lasting power of attorney is a legal tool which allows you to appoint an individual that you trust by giving them authority to make certain decisions on your behalf should you lose mental capacity. By creating a lasting power of attorney, you will be eliminating the anxiety of your loved ones of managing your finances should you lose mental capacity.
The appointed individual will be given the legal authority to manage your finances and also the authority to deal with matters concerning your health and welfare if you get to a stage where you are unable to do so.
By not creating a lasting power of attorney and should there come a time in the future that you lose mental capacity, the Court of Protection may become involved in appointing someone else to make decisions on your behalf. In the event of this happening, your loved ones may have to go through both lengthy and distressing delays in addition to the expense of applying to the court to seek authority on your behalf, which they may not even be given. You must be aware that an application could also be made by a person you do not trust or do not wish to give authority to!
Creating a lasting power of attorney does not mean that you have lost control. You are in fact more in control as you have had the chance to appoint someone who trust. You are also able to choose whether it can be used either before or put into action only after you lose mental capacity.
The requirements for being able to create a lasting power of attorney are simple.
  1. You must be over 18 years of age
  2. You must have mental capacity with the ability to make your own decisions at the time the lasting power of attorney is created
Both adults and young adults can lose mental capacity at any stage in life through for example, illness and accidents. It is therefore recommended that a lasting power of attorney is created as soon as one is able to.
If someone is already diagnosed with a condition likely to cause loss of mental capacity, they are strongly advised to consider creating a lasting power of attorney.
It is important to create lasting power of attorney whilst you are still mentally capable to do so and before it is required to ensure that your finances are protected and being managed by an individual appointed and trusted by you.
Aschfords Law are highly experienced in advising and creating lasting power of attorneys for a range of clients. Our Private Client team provide all clients with discrete and personal advice which is tailored to their own individual circumstances and requirements.
So if you are considering creating a lasting power of attorney or simply want to know more, do not delay and contact Aschfords Law on 020 3586 4050 to speak with our expert lawyers. You can also email to info@aschfordslaw.com
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