Should you lose mental capacity, for example through illness or an accident, no family member has the legal right to make decisions on your behalf unless you have made a Lasting Power of Attorney.

There is a widely-held misconception that a husband, wife or child over the age of 18 can make decisions regarding finances or welfare if their parent or spouse is unable, but that’s not the case unless you’ve appointed them legally. If a Power of Attorney hasn’t been put in place, it can take many months to be given “deputyship”, which is decided by the Office of the Public Guardian, meaning that a spouse or family member acting on your behalf will have to deal with a costly and time-consuming legal process, often at a time which is already stressful and upsetting.

This can be avoided by appointing someone that you trust to hold Lasting Power of Attorney over your affairs. There are two different types of Power of Attorney; the first, Property and Financial, relates to your finances whilst the second, Health and Welfare, enables the holder to make decisions regarding medical treatment and care.

Drawing up a Lasting Power of Attorney needn’t be a daunting or costly process, and our trusted business partners are here to guide you through the process. To find out more, why not contact us for an informal discussion.