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Who Would Make Decisions If You Couldn't?

  • rob3752
  • Aug 3
  • 3 min read

As another summer heatwave grips the UK, many of us are being reminded to stay hydrated, avoid the hottest part of the day and check in on elderly relatives and vulnerable neighbours.


While most people recover from the effects of extreme heat, it also serves as a timely reminder that unexpected medical emergencies can happen at any time - not just during a heatwave.


Whether it's a sudden illness, an accident or an unforeseen health condition, none of us can predict when we may be unable to make decisions for ourselves.


The question is… who would make those decisions for you?


It's a Common Misunderstanding

Many people believe that if they were taken seriously ill, their husband, wife, partner or adult children would automatically be able to step in and make decisions on their behalf.


Unfortunately, that isn't the case.


Without the correct legal authority in place, your loved ones may not have the right to:


  • Speak to banks about your finances.

  • Access your accounts to pay bills.

  • Manage your property.

  • Make important decisions about your medical treatment or care.


This can create unnecessary stress at an already emotional and difficult time.


Health & Welfare Lasting Power of Attorney

A Health & Welfare Lasting Power of Attorney (LPA) allows you to appoint someone you trust to make decisions about your personal welfare if you lose the mental capacity to make those decisions yourself.


These decisions can include:


  • Medical treatment.

  • Care arrangements.

  • Moving into a care home.

  • Daily care and wellbeing.

  • Life-sustaining treatment (if you choose to give your attorneys this authority).


Having a Health & Welfare LPA ensures your wishes are respected by someone who knows you best.


Property & Financial Affairs Lasting Power of Attorney

A Property & Financial Affairs LPA enables your chosen attorney to help manage your financial affairs.


This can include:


  • Paying household bills.

  • Managing bank and savings accounts.

  • Collecting pensions or benefits.

  • Dealing with investments.

  • Selling or managing property if necessary.


Unlike a Health & Welfare LPA, this type of LPA can be used with your permission while you still have mental capacity, making it useful if you're travelling, recovering from illness or simply want help managing your finances.


What Happens If You Don't Have an LPA?

If you lose mental capacity without a Lasting Power of Attorney, your family cannot simply take over.


Instead, they may need to apply to the Court of Protection to become your deputy.


This process can:


  • Take many months.

  • Be considerably more expensive than preparing an LPA.

  • Involve ongoing court supervision and annual fees.

  • Delay important financial or medical decisions.


During that time, loved ones can be left unable to access funds or make decisions when they're needed most.


Planning Ahead Brings Peace of Mind

Creating a Lasting Power of Attorney isn't about expecting the worst - it's about making sure the people you trust are legally able to help if the unexpected happens.


Just as we prepare for hot weather by drinking more water, wearing sun cream and checking on vulnerable family members, preparing your legal affairs is another way of protecting yourself and those you love.


It's a simple step today that can make an enormous difference tomorrow.


We're Here to Help

At Newlife Wills, we help individuals and families put the right legal protections in place with clear, friendly advice and fixed-fee services.


If you would like to find out more about Lasting Powers of Attorney or discuss which option is right for you, we'd be delighted to help.


Contact Newlife Wills today and give yourself, and your family, the peace of mind that comes from planning ahead.


Call us on; 01843 269165

 
 
 

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