During your lifetime (and when you have capacity) you can create a Lasting Powers of Attorney (LPA) to appoint another person to manage your affairs if you lose capacity.
The usual justifications for an LPA are:-
1. It also covers health care and welfare.
2. It is a quicker and cheaper alternative to Court of Protection.
3. It can be used during your absence, e.g. abroad on holiday.
4. You decide on the identity of the person you trust to handle your affairs during incapacity.
5. Less restrictive and stressful into the future than Court of Protection.
6. It is flexible.
However, as a result of Covid-19, there is a further development. In the event of unforeseen loss of capacity (which would be protected by an LPA), an application to the Court of Protection is essential. Until the Court Order is granted, your financial affairs (e.g. bank account, care fees) are frozen – which as you will appreciate causes serious difficulties.
The current delays in the Court issuing the Order could result in a delay for up to one year from activation.
How we can help
An LPA is an important part in planning for your future and it is therefore important that you seek professional guidance and legal advice from a solicitor when doing so. Bromleys’ team of experts are able to take you through the process to guarantee a service that is tailored specifically to your needs. Please contact Bromleys on 0161 330 6821 to arrange your free telephone discussion. If you prefer, you can fill in our online form or alternatively, you can email us on bromleys@bromleys.co.uk and we’ll call you back.
Related articles of interest
The importance of making a Business Lasting Power of Attorney
You mustn’t wait for old age to nominate a loved one to look after your affairs