LPA Property and Affairs is the document that allows you to name trusted individuals (your Attorneys) to deal with your finances and property on your behalf for your benefit when you are unable to do so yourself. Having LPA P&A in place means that they can speak to all of your utilities, local authority, Banks and pay for any additional care required. It even means that should your home no longer suit your physical needs they can sell it to purchase say a bungalow or ground-floor apartment.
In the event that we lost our mental capacity (due to a sudden head injury or stroke for example) most of us would want a particular person or a small number of trusted friends or family members to take over our affairs.
Most people work on the assumption that because they have someone close to them, a spouse, their children, a friend etc. who they trust and know they can rely upon these powers would automatically pass to them. That somehow their loved ones would automatically have the right to deal with their financial affairs on their behalf. Unfortunately, this is not the case.
Without an LPA Property and Affairs, the court of protection assumes control of the estate of the Vulnerable Adult in order to protect them financially. Obviously, this is a disaster for the people around them who need access to their money to be able to pay for their day to day costs on their behalf. 4 out of 5 adults in the UK do not have a Lasting Power of Attorney! Once the court of protection are involved your loved ones will have to apply for a deputyship order which is often a lengthy process generating significant expense. They cannot apply for a lasting power of attorney if you do not have the capacity to give your consent.
Writing your lasting Powers of Attorney as soon as you can is the only way to make sure that you and your loved ones never find yourselves in this position. Wales and Northwest Legal Services make it simple and it won’t break the bank!