The internet is saturated with so-called life hacks, clever tricks designed to help readers handle various situations more efficiently. However, there’s one life hack nobody talks about: Lasting Power of Attorney (LPA).
If you’ve never heard of this crucial legal instrument, consider yourself fortunate—it means you haven’t yet faced a severe emergency. Sooner or later, though, we all must confront the limitations of the human body and the impact of unpredictable events that can drastically change our lives in an instant. In such moments, having an LPA can make the difference between a family in despair and a family that knows how to navigate their most challenging times.
What is an LPA?
A Lasting Power of Attorney (LPA) is a critical legal document that allows individuals to appoint one or more people to make decisions on their behalf if they lose the mental capacity to do so themselves.
There are two types of Lasting Power of Attorney (LPA): Health and Welfare, and Property and Financial Affairs.
A Health and Welfare LPA allows appointed attorneys to make crucial choices on behalf of the individual regarding daily routines, such as what they eat, wear, and their daily activities. It also covers medical care decisions, including surgeries, medications, and other health interventions.
Additionally, it involves making choices about living arrangements, like whether the individual should stay at home, move into a care home, or require other forms of living support.
Furthermore, attorneys can decide on life-sustaining treatments, such as whether to continue or cease treatments intended to sustain life, like ventilators or resuscitation efforts.
A Property and Financial Affairs LPA gives attorneys the authority to manage financial matters and property-related issues. This includes handling everyday banking activities, such as withdrawals, deposits, and managing savings. It also involves ensuring that utility bills, rent, mortgages, and other regular payments are made on time.
Attorneys can manage the receipt and allocation of benefits, pensions, or other income, and make decisions about buying or selling property, managing any related legal and financial transactions.
When setting up an LPA, individuals have the flexibility to specify the scope of control, choosing what specific areas the attorneys have control over. They can also decide whether attorneys should make decisions solely (independently) or jointly (together).
Why Having an LPA is Important
For families, understanding and establishing an LPA can provide significant benefits and peace of mind.
- Financial Security and Management
When an individual loses the ability to manage their finances, it can lead to confusion and potential financial difficulties. An LPA ensures that someone trusted can handle financial matters, preventing financial mismanagement and safeguarding the family’s economic stability.
- Health and Welfare Decisions
Health-related decisions are among the most difficult to make. Having to choose whether to issue a do-not-resuscitate order or deciding if a loved one should be cared for at home or in a specialised clinic places an overwhelming level of emotional stress on family members. An LPA alleviates this burden, as the document provides all the necessary guidance for relatives to make choices that align with the wishes of the donor (the person who granted the lasting power of attorney).
- Avoiding the Court of Protection
Without an LPA, families may need to apply to the Court of Protection to get the authority to make decisions on behalf of a loved one who has lost capacity. This process can be lengthy, costly, and stressful.
- Minimising Family Conflicts
An LPA clearly outlines who is responsible for making decisions, which can prevent disputes among relatives. Having a designated attorney reduces the chances of conflicts and misunderstandings about who should take charge, thereby maintaining family harmony during challenging times.
- Respecting the Individual’s Wishes
Creating a lasting power of attorney allows individuals to express their preferences regarding who should manage their affairs and how they want certain decisions to be made. This respect for autonomy ensures that their wishes are honoured, even when they can no longer communicate them.
- Ease of Managing Complex Situations
Certain circumstances, such as managing property or business interests, can become complex without clear legal authority. An LPA provides the necessary power to the appointed representative to handle such intricate situations efficiently.
- Emotional Relief
Knowing that there is a plan in place if a loved one loses capacity can provide significant emotional relief for relatives. It reduces anxiety about potential future scenarios and allows the family to focus on supporting their loved one without the added stress of navigating legal and financial uncertainties.
Before creating an LPA, it is essential to seek the assistance of experienced power of attorney solicitors in Liverpool. They will guarantee the document is legally compliant and precisely aligned with your wishes. Choosing solicitors with a proven track record, such as Husband Forwood Morgan, assures that the instrument will never be contested.
Why Choose Husband Forwood Morgan
Husband Forwood Morgan distinguishes itself through its rich heritage and profound expertise. Having been established in the mid-19th century, the firm boasts over a century of delivering top-tier legal services. This extensive history underscores the firm’s commitment to handling each case with unparalleled professionalism and competence. The longevity of Husband Forwood Morgan attests to its remarkable ability to evolve and excel within the ever-changing legal landscape.
Each case is managed by a solicitor from start to finish, ensuring consistent and direct communication throughout the process. This personalised approach guarantees that the client’s unique circumstances and objectives are thoroughly understood and addressed. The firm takes pride in understanding each client’s specific needs and providing tailored solutions that best meet those needs.
In summary, Husband Forwood Morgan combines extensive experience, personalised service, and a strong client-focused approach to provide exceptional legal services. Their trusted reputation and commitment to excellence make them a preferred choice for legal matters in Liverpool and beyond.
