Making decisions about your Health Welfare and Finances
In April 2007 the first part of the Mental Capacity Act 2005 finally was published and brought with it a whole new set of rules through a Code of Practice for the professional dealing with clients who are elderly, vulnerable and those at risk and in danger of abuse and for individuals who lack mental capacity.
The second part dealing mainly with the introduction of the Lasting Power of Attorney became effective Making decisions about your health welfare and finances from October 1/2007 replacing immediately any Enduring Power of Attorney’s (EPA) that had not been correctly completed, this has no effect on any EPA that had already been registered with the Court of Protection or any existing unregistered EPA providing it was fully completed with the signatures of the donor and his or her attorney’s and all signatures correctly witnessed.
Why do you need power of attorney?
Everyone knows you should write a will to make sure your loved ones are provided for when you die, but what happens if you are left mentally unable to make decisions because of accident or illness?
With an ageing population it happens more than most people think - and if you haven't got power of attorney specifying who can look after your affairs you'll have to go through the Court of Protection. The court was set up to protect the assets of vulnerable people. though it is a painstaking process unless you have made your Power of Attorney
There's an easy way to avoid the Court of Protection, and that's to grant someone you trust lasting power of attorney, giving them the right to look after specific aspects of your financial affairs and/or health and welfare after you lose the capacity to do so.
How much will it cost
Prices vary from time to time however we are very competitive and our costs are well below what most solicitors charge
please see below for details
Is it Difficult
Not at all at Aw wills we pride ourselves on our personal service and can visit you the in the comfort of your own home. We will explain the entire process to you in layman terms so that you fully understand what's involved which will enable you and your loved ones to make the right decision/s for you or the donor's future (donor is the person creating a power of attorney).
The Lasting Power of Attorney Property and Finance
Allows you to plan ahead by choosing one or more persons you trust or a professional such as a Trust Corporation (your Attorney’s) to make decisions and take appropriate actions on your behalf regarding your property and financial affairs.
Your Attorney or Attorneys can manage your finances and property whilst you still have capacity as well as when you lack capacity. For example, it may be easier for you to give someone the power to carry out tasks such as paying your bills or collecting your benefits or other income.
This might be for lots of reasons: you might find it difficult to get about or be housebound or may find talking on the telephone difficult, or you might be working or living abroad for long periods of time.
You can decide what power and the extent of the power to give your Attorney(s) when making decisions about any or all of your property and affairs matters. This could include paying your bills, collecting your benefits or selling your house.
This type of LPA does not allow the person(s) you have chosen (your Attorney) to make decisions about your personal welfare. If you want someone to be able to make personal welfare decisions on your behalf you will need to make a personal welfare LPA.
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Prices for Lasting Powers of Attorney
Lasting Powers of Attorney (Health & Welfare): £299
Lasting Powers of Attorney (Finance & Property): £299
Combined: £450
The Lasting Power of Attorney Health and Welfare
Lasting Power of Attorney (LPA) allows you to plan ahead with regard to your personal healthcare and welfare by choosing one or more people to make decisions on your behalf.
These personal welfare decisions can only be taken by somebody else (a close friend or family member) when you lack the ability to make decisions regarding your treatment or other personal matters for yourself; for example, if you are unconscious or because of the onset of a condition such as dementia.
The Attorney(s) you appoint to make personal welfare decisions will only be able to use this power once the LPA has been registered and provided that you cannot make the required decision for yourself.
You can decide to give your Attorney the power to make decisions about any or all of your personal welfare matters, including healthcare matters. This could involve some significant decisions, such as:
• giving or refusing consent to particular types of health care, including medical treatment decisions; or
• whether you continue to live in your own home, perhaps with help and support from social services, or whether residential care would be more appropriate for you.
You may wish your Attorney(s) to have the power to make decisions about 'life-sustaining treatment', if you do then you have to expressly give your chosen Attorney(s) the power to make such decisions by completing sections 6 and 12 of the LPA form.
You can also give your Attorney(s) the power to make decisions about day-to-day aspects of your personal welfare, such as your diet, your dress, or your daily routine. It is up to you which of these decisions you want to allow your Attorney to make.