In the event that you became incapacitated through serious illness or injury, disability, stroke or dementia… who would you want looking after your property, finances, health and welfare? Your family that know and love you or… the Local Authority?
Most people would answer “family” but, for this to happen, you need to create a Lasting Power of Attorney (LPA) BEFORE you become incapacitated. Not just for the elderly, an LPA is perhaps, equally as important as your Will. So much so, that here at Future Legal Services we think that putting an LPA in place is a fundamental step in safeguarding your family’s future.
Say for example you and your partner pay equally towards your household expenses but for whatever reason, the accounts, mortgage, utilities etc are solely in your name. If you become incapacitated due to injury what would happen?
Unfortunately, it’s not simply a case of stepping in an accessing your parents/partners accounts. Whilst you may know passwords and PIN numbers it’s illegal to do so. You would have to apply to The Court of Protection for a deputyship. Once granted this will give you the agreed powers to make decisions. If you are not granted Deputyship then the local authority is appointed and will have control of bank accounts and decisions regarding finances, healthcare and day to day living.
We all live our lives in our own ways and have differing opinions on how, in the event that the situation arose, we would like to be treated medically. But, ultimately without an LPA in place, this would be in the hands of total strangers.