No One Knows What the Future Holds…And That’s Why it is Important to be Prepared.

Lasting Power of Attorney Solicitors Newcastle and Sunderland

The importance of a Will is generally understood and carried out in conjunction with life changes including marriage, the birth of children or the death of a loved one or beneficiary - but not many know what would happen if they were no longer able to manage own affairs due to ill health. This could be either a physical or mental impairment.

It is often assumed that if you’re married or in a civil partnership, that your spouse would be able to take ownership of your care or personal finances in such situations, this is not always the case. Arranging a Lasting Power of Attorney allows a person who you trust and have appointed as an attorney to make decisions on your behalf. It is important to understand that there are two types of LPAs. One is to deal with the management of your finances specifically and the second LPA deals with your personal welfare. A personal welfare LPA allows your attorney to make important decisions such as where you should live, your medical care, who you should have contact with as well as serious medical intervention and do-not-resuscitate decisions.

A financial LPA would allow your attorney to sell your home, manage your bank accounts, make sure that you receive all benefits to which you are entitled, make arrangements for payment of care home fees or alternatively it may help you to maintain your own home, including paying bills and for any care at home.

There are several reasons why you might need someone to make decisions for you or act on your behalf. This could even extend to temporary situations, for example, if you are in hospital and need help with everyday tasks such as paying bills.

A person may not have mental capacity because of a problem with the way their brain functions, for example, following a stroke or because they have a condition such as dementia. Other situations including having lost physical capacity or speech affected by Parkinson’s disease, resulting in not being able to deal with banks or being able to communicate via the telephone.

As people continue to live longer, the chances of developing age-related illnesses have sadly increased. For instance, The Alzhemier’s Society has reported that in people over the age of 65 the risk of developing Alzheimer's disease or vascular dementia doubles roughly every 5 years. It is estimated that dementia affects one in 14 people over 65 and one in six over 80.

Failure to create a Lasting Power of Attorney could lead to you having no say in who the court appoints as your deputy or any influence over what amount of power will be granted to them. This type of scenario could also lead to a deputy’s application, the person who you would like to take responsibility for your care and finances and possibly the only person who you would trust, being refused – resulting in the council being appointed instead. Families also must pay extra to apply for and maintain deputyship and you may not be able to sell jointly held assets until the Court of Protection appoints a deputy.

The Court of Protection route is expensive when considering the court fees, mandatory annual insurance premiums and the intrusive, timeconsuming procedures involved which burden the Deputy who selflessly only wishes to help you.

In summary, if plans are not put in place the process can be stressful and expensive without the ability to reach the preferred resolution. The appointed person, known as the ‘Deputy’, will have to prove they are a ‘Suitable Person’ and are able to comply with the Court of Protection’s strict, burdensome rules. If a suitable Deputy cannot be found, you will be referred to the local authority. In comparison to an appointed Attorney and trusted family member or loved one, the strapped-forcash local authority may not have the resources or emotional attachment to ensure your assets are dealt with in the most beneficial way; they need your house sold quickly to realise as muchmoney as possible.

At Emmersons Solicitors, we are experts in Lasting Power of Attorney and our team are all trained as Dementia Friends. They understand how stressful things can be and you will find them to be very supportive and helpful. We are also members of Solicitors for the Elderly, meaning we have the expertise that you need to assist with all issues related to the making of Lasting Powers of Attorney.

Emmersons Solicitors were recently awarded the prestigious Small Law Firm of the year at the Law Society Excellence Awards. . This industry award celebrates outstanding success of a small selection of the best of 9,000 firms and 190,000 solicitors in England and Wales.

Lasting Power of Attorney Solicitors Newcastle:  0191 284 6989

Lasting Power of Attorney Solicitors Sunderland: 0191 567 6667

Email us: enquiries@emmersons-solicitors.co.uk

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You can also park opposite our Sunderland Office on John Street.