Make a Lasting Power of Attorney (Property and Finance)
We would like to highlight the importance of putting in place a Lasting Power of Attorney, at least in respect of your finance and property matters. As you are probably aware, there are many scams around all the time these days with fraudsters telephoning people and accessing email accounts. A Lasting Power of Attorney helps to protect you now, and more importantly in the future, by appointing somebody legally to assist with the management of your affairs if you are unable to manage them yourself for any reason (e.g., you have had a stroke or are in hospital, or, later in life you are diagnosed with something like dementia). Having a Lasting Power of Attorney is rather like putting in place an insurance policy. It means that you have appointed your loved ones legally so that they can help you, protect you and assist you with all your personal affairs should the need arise for any reason in the future. Lasting Powers of Attorney have proved invaluable to all of our clients who have made them in the past, and we believe they help reduce the risk of fraud and financial abuse in respect of your personal assets.
Don’t leave your future to chance
Be in the driving seat and decide who you want to help you if you need it.
There are important considerations which should be thought about when appointing someone to be your property and finance attorney. Many people do not know what these issues are, so often unwittingly make errors or omissions when making their LPA that may cause problems to arise in the future. Frequent errors include failing to consider the restrictions that apply when 2 joint donors (e.g., husband and wife) want to sell their home and move in the future. If they have appointed each other as attorneys and one donor lacks capacity, the other owner will not be able to use the LPA to sell the house. Cumbersome and expensive proceedings then have to be pursued under the Trustee Act to rectify the problem. This is only one example of where we see homemade LPAs going wrong. There are many more!
With something as important as your home, your money and your future, be careful, be cautious and TAKE PROFESSIONAL ADVICE! We protect you!
The importance of having a Health Lasting Power of Attorney
You can also make a Lasting Power of Attorney in relation to your health and welfare which gives your loved ones power to make decisions regarding your medical treatment if you are unable to do so. We strongly recommend Health & Welfare Powers of Attorney are put in place to ensure your loved one takes important health & welfare decisions for you, rather than social services, care home managers, Doctors etc. If your relatives or friends are appointed as your Health attorneys, then it limits the powers available to professionals to make decisions in circumstances when you cannot. Your attorney can listen to the professional advice, weigh it up and then decide, based on their knowledge of your likely wishes, what you would want.
Health Lasting Powers of Attorney are recommended by most doctors and professional medics and we can provide a bespoke, personal and detailed Lasting Power of Attorney setting out your health wishes and future directions as to medical treatment you would want and not want.
Health Lasting Powers of Attorney can be extremely useful in the following circumstances:
- If you have dementia or some other long-term illness depriving you of your mental capacity then decisions can be made on your behalf in relation to any other medical treatment you may want or need, or in relation to your wish to refuse treatment being offered to you. For example, if you have dementia but you then suffer from cancer or kidney failure or heart problems, or a stroke, your Power of Attorney can be used to refuse invasive and brutal medical treatments on your behalf (eg chemotherapy and radiotherapy) if, in the circumstances, your attorney considers that you would not want such treatment unless you had a good chance of recovery and meaningful quality of life moving forward. Alternatively, you could direct your attorney should accept and consent to such treatment as is available if you are of the view that you would like to be treated irrespective of your mental condition and quality of life.
- If you have a cardiac arrest you may wish to give instructions as to whether you wish to be resuscitated, or whether you want resuscitation attempts to stop after 5 minutes (after which time oxygen deprivation can occur causing longer term brain damage which may have an impact on your quality of life.)
- If you are in hospital and the hospital wants to discharge you there may be some controversy as to where you should be discharged to – e.g., to home or to a care home? If the NHS staff or social services do not feel you are safe to go home then, in the absence of a Health & Welfare LPA, they may insist that you are transferred to a care home of their choice, even if this is on a temporary or semi-temporary basis. If you have appointed a Health Attorney then these will be the people responsible for making decisions relating to where you live, your welfare, your safety and your discharge from hospital. The Attorney should ensure your wishes are followed, for example – instead of being transferred to a Care Home or NHS Ward in a Care Home, your attorney may put in place a suitable care package at home which would ensure your welfare and safety but also ensure you get to go back home at the earliest reasonable opportunity. Of course, social services would intervene if they thought your Attorney was making an unsafe decision but in many cases an Attorney can provide reassurance to social services that they will put an appropriate care package in place for the person going home which often is perfectly acceptable in many circumstances.
- Health LPAs can also be used to take other decisions in many different circumstances – e.g. whether or not you should have dental treatment, or less invasive medical treatment for less invasive conditions; decisions relating to diet; decisions as to whether or not you should be able to have an alcoholic drink; decisions as to whether or not you should be able to go out for a walk or whether you need to be accompanied; decisions on what you should wear and who might be able to visit you etc.
Other things to consider when making a Health Lasting Power of Attorney include: –
- Other than your Attorneys, should anybody else be made aware of your wishes and/or preferences?
- How you might want any religious or spiritual beliefs you hold to be reflected in your care?
- Your choice about where you would like to be cared for at the end of your life.
- How you like to do things – for example preferring a shower instead of a bath or sleeping with the light on etc.
- Inclusion of your GP surgery details.
- Inclusion of your NHS number.
- Any concerns you have about your health, now or in the future.
- Any conditions you have currently been diagnosed with which should be considered by medical professionals in the future.
- Your wishes generally – e.g. if you like to be read to if you are unable to read yourself; whether you would like to be visited by pets, friends/relatives; whether you like to listen to music or watch the television and your preferences in this regard etc.
- Your view on artificial feeding and hydration and whether you would want assisted nutrition etc.
- Whether or not you have a DNAR already in place (“Do Not Attempt Resuscitation”).
- Any other wishes, preferences, or priorities relating to your health and welfare.
End of Life Care
Finally, Health LPAs can be used to record your wishes in respect of end-of-life care. This can be extremely helpful for your family, and for attending health professionals. Some people feel they would want to go into a hospice if this was appropriate. Other people feel they would want to die at home, and possibly have care in the home if that was appropriate. Some people choose to state who they would want with them in their end-of-life phase and some people choose to express what they would want to happen, e.g. quiet reflection or playing music or being read to etc. As you can see, Health LPAs are very bespoke documents and must be drafted in accordance with your own wishes, to ensure everything is correct, and that you are not making decisions as a result of any undue influence or coercion by the other person.
Both types of Lasting Power of Attorney are extremely important and recommended. If we can assist further with either Lasting Power of Attorney, please do not hesitate to contact us.