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Planning Ahead – Do You Have An LPA In Place?

Reasons to choose Wilson Browne

Alzheimer’s disease is a progressive, neurological disorder which leads to memory loss and behavioural changes which will ultimately limit the ability for you to make your own decisions.

This is why getting your affairs in order and making a Lasting Power of Attorney (LPA) early on in your life is one of the most important things that you can do for yourself and/or your family members.

What is an LPA?

An LPA is a legal document that allows you to appoint one or more persons (your Attorneys) to manage your affairs should you lose capacity to do so yourself.  There are two types of LPA available:

  • Property and Financial Affairs LPA – this allows your Attorneys to manage your financial matters such as paying your bills, managing your bank account and selling property.
  • Health and Welfare LPA – this allows your chosen Attorneys to make decisions about your daily care, medical treatment, where you live and to give or refuse consent to life-sustaining treatment.

Why should I put an LPA in place?

There are many advantages of setting up an LPA which could be very beneficial if you later on in life are sadly diagnosed with Alzheimer’s disease.  By setting up an LPA, you retain control over who will manage your affairs if you are unable to do so yourself.  If you get to this stage and you have no LPA in place, the Court of Protection may have to appoint a deputy to manage your affairs and this person may not be someone you would have chosen yourself.  Applying for a deputyship can also be a costly and lengthy process.  Another advantage is to reduce family stress levels – Alzheimer’s disease not only affects you but it also places emotional stress and anxiety on your family members.  Having an LPA in place can reduce this stress considerably by providing clear instructions and authority to your chosen Attorneys.  This can also eliminate any conflicts amongst your family members about who should make decisions and what decisions should be made on your behalf.

Alzheimer’s disease can make it very difficult for you to manage your finances.  With a Property and Financial Affairs LPA in place, your chosen Attorneys can deal with things such as paying your bills, managing your investments and dealing with any aspects of your property to name but a few.  With a Health and Welfare LPA in place, your chosen Attorneys can make decisions about your medical treatment, care homes and your usual daily routines.

Who should you choose as your Attorney?

Sadly, many people with Alzheimer’s Disease find themselves in a very vulnerable position where they have to rely heavily on others for their assistance.  This is the main reason why your chosen Attorneys are people whom you need to be able to trust implicitly.  They will have a significant control of your life and assets.  It is wise to have a discussion with your Attorneys about your preferences and wishes to guide your future decisions.  Your Attorneys have a legal obligation to act in your best interests providing a safeguard against potential abuse.

By addressing these matters early, you and your loved ones can focus on living for today knowing that your future is securely planned.

How can we help?

Contact us and you’ll be drawing on the experience and expertise of one of the most established teams in the area

If you or your family members would like to discuss getting LPAs in place with a view to safeguarding your future, please contact Wilson Browne Solicitors on 0800 088 6004.

Jules Burditt

Posted:

Jules Burditt

Legal Assistant

Jules is a Legal Assistant in the Private Client team at our Northampton office. She assists the team on a variety of matters including Wills, Lasting Powers of Attorney and Estates. Jules is also a member of the Charities team dealing with Charity Grants, Charity…