Lasting Powers of Attorney
Many believe that our loved ones will deal with our personal and financial affairs should we be unable to do so ourselves, but it often comes as a surprise to the majority of families when they discover that they have no legal right to do so!
If you lose the capacity to manage your own financial affairs the Court of Protection has a duty to safeguard you and your assets, and often a Deputy is appointed to manage your affairs.
Your Deputy will charge a fee each time they carry out work on your behalf - every time a bill is paid, your financial assets dwindle!
It may also be a surprise to learn that if we lose the ability to manage our personal affairs, that Social Services do not have a legal obligation to consult your family regarding the care you require.
This could mean that you are placed in a care home against the wishes of yourself or your family or receive treatment that you did not necessarily request.
Many families find themselves in this position on a daily basis and often have to make an application to the Court of Protection to apply for a ‘Deputyship Order’. This is an onerous and costly process for your loved ones, it is not untypical for the application to take up to 12 months and to exceed £2000, which your loved ones would have to pay themselves and there is no guarantee that the application will be successful.
Simply by putting in to place the right planning for your personal and financial affairs will relieve your loved ones of this financial and stressful burden. Lasting Powers of Attorney are legal documents that we can prepare, to ensure your next of kin can manage your affairs if you no-longer have the ability to do so.