As a legal instrument used by trusted friends and family at a time when you lack capacity; Lasting Powers of Attorney (LPA) should always be considered.

It is hard in today’s world not to place great emphasis on our finances but when it comes to LPAs, it is important to consider the need for both the financial affairs and health and welfare documents.

The Lasting Power of Attorney for health and welfare cannot be underestimated. It provides your chosen attorneys with power to make decisions on your behalf and can provide you with piece of mind that they have input into everything from the choice of TV you watch to bigger decisions such as whether you live at home or are looked after in a care home.

This can be illustrated by the case of John Barker who no longer has capacity.

John is currently in hospital after suffering a fall. Social services have assessed him as requiring permanent care and have arranged for him to be placed in a care home.

John’s daughters strongly disagree with the assessment and would prefer for the time being that their father stays in the comfort of his own home with care provided there. John has always stated being placed in a care home should be a last resort for him.

As there is no LPA in place appointing the daughters as attorneys, the close family have no power when it comes to making the decision. Ultimately it is left with a body of agents, none of which know John and can take into account his views.

These sorts of situations can be very frustrating for the family who often come to us requiring help when it is too late and the person has lost capacity. In cases such as John’s, it is stressful for both John and his family and the only way to have control of any such decisions is to prepare registered LPAs at a time when you have capacity.

LPAs are documents which we at Jackson Lees are happy to prepare and if you require our help please contact our Wills & Probate team today.