The law decides – and the judges at the Court of Protection may have to appoint someone to act for you.

Most people assume that if they became seriously ill, had a major accident, or lost mental capacity, their husband, wife or children would automatically be able to deal with their bank accounts, pay bills, sell their home if necessary, or make important decisions about their care.

Unfortunately, that isn't how the law works.

Once you lose the mental capacity to make decisions yourself, nobody has an automatic legal right to act on your behalf, regardless of how long you've been together or how close your family is.

Without a Lasting Power of Attorney (LPA), your loved ones may have no option but to apply to the Court of Protection for a Deputyship Order.

What is the Court of Protection?

The Court of Protection exists to protect people who cannot make decisions for themselves. It can appoint a Deputy to manage someone's finances and, in limited circumstances, make decisions about their welfare.

While the Court plays an important role, the process is:

• Expensive
• Time-consuming
• Paperwork-heavy
• Subject to ongoing supervision
• Less flexible than an LPA

Your family may have to wait months before they are able to access money or deal with important financial matters.

What about my spouse?

Many married couples are shocked to discover that marriage gives no automatic authority to:

• Access bank accounts held solely in your name - or indeed in many cases, JOINT accounts! Chances are joint accounts will be frozen pending Court of Protection appointing a Deputy (or their recovery, on a more cheerful note!)
• Sell property owned jointly or solely by you
• Deal with your pensions or investments if in your name or joint names.
• Sign legal documents for you.
• Make financial decisions on your behalf.
• Decide you do or do not need to go into care - or which care home and where.

The same applies to civil partners and people living together.

What about my children?

Adult children often believe they can simply step in and help.

Legally, they can't. Unless you have taken the precaution of setting up Lasting Powers of Attorney.

Banks, investment companies, utility providers and government departments will normally require legal authority before discussing or acting on your affairs.

Without an LPA, Deputyship may be the only option.

Lasting Powers of Attorney let you choose who runs your affairs if you can't.

Making Lasting Powers of Attorney while you still have mental capacity means:

• You choose who will act for you.
• You decide how they should act.
• Your attorneys can usually help much sooner.
• Your family avoids unnecessary delay, stress and expense.

It is one of the simplest and most important legal documents you can put in place.

Don't leave the decision to the Court

None of us expects to lose capacity through illness, dementia, stroke or an accident.

But if it happens, having no LPA means the decision about who manages your affairs may no longer be yours.

The Court of Protection will decide. They may appoint a solicitor or other professional Deputy to look after you, at your expense.  If they do appoint family, it is slow, expensive and often restricted to Financial matters, with the Court making Welfare decisions such as where you live, who you see, and medical matters.  All at your expense, of course.

Planning ahead gives you control, protects your family and can save considerable cost and worry later.

Need advice?

If you'd like to discuss Lasting Powers of Attorney or review your existing arrangements, I'm happy to help. As a specialist, my fees are a fraction of many.

Stephen Pett CmpnSWW, AffSTEP, DMS
The Professional Will Writer

📞 01323 766766
✉️ steve@theprofessionalwillwriter.co.uk
🌐 www.LPAuk.co.uk
🌐 www.theprofessionalwillwriter.co.uk

Serving clients across Polegate, Eastbourne, Hailsham, Seaford and the surrounding areas with home visits available on request.