Most of us have heard of Power of Attorney, but do we fully understand what it means and what it entails? An LPA is a document that provides legal authority to enable you to name someone else to manage your affairs for a time when you might be incapable of handling them yourself. If a loss of capacity is experienced, an LPA can help loved ones to make decisions quicker and with less heartache.
There are still too many people without such an essential document set up. Whether it’s putting it off because you don’t feel old enough or a simple lack of knowledge – an LPA can make it far easier to deal with all your affairs should you be unable to do so. For Power of Attorney Hertfordshire, visit Bees & Co.
There are also some myths surrounding these legal documents that might be misleading people. Here are some of those myths debunked:
1. Nobody who is in good health needs a Lasting Power of Attorney
This is definitely not the case. In fact, the best time to organise an LPA is when you are fit, healthy and have full capacity. You cannot leave this document until you have already lost capacity. If you leave it too late, family members must go through the long process of using the Court of Protection. This is time-consuming, more expensive and much more difficult. The best time to arrange that LPA is right now, while you are in a good position to make such decisions.
Organising it now means that you can appoint someone who is reliable and trustworthy to ensure your needs and preferences are respected should you become incapacitated. Nobody knows what life might throw at us and a sudden illness or accident can quickly change everything.
1. You should only require one LPA
There are two types of Lasting Power of Attorney, and most people should have both in place. The Property and Financial Affairs LPA means you can appoint a trusted individual to deal with your finances. This could include paying bills, dealing with investments and selling your home, for example. It can be used only with your agreement when you do have capacity and when you do not.
A Health and Welfare LPA acts in a different way. A trusted person can be appointed to assist with medical decisions, treatments, day-to-day care and living arrangements. It works differently because this LPA is only effective once capacity is lost.
The benefit of making a Lasting Power of Attorney Hertfordshire is that you get to choose who acts for you. Without one, should you lose capacity, you don’t have a say in who ultimately makes those choices for you.
An LPA allows you to clearly state your wishes, preferences and stipulations on what should happen in the event of a loss of capacity. If you don’t have one, you don’t have a say.
You don’t need to have the same person for both LPAs, and you can appoint more than one person to act jointly or individually.
1. I’m next of kin so already have power
Many believe that being next of kin gives us legal power to make decisions and deal with affairs but this is not the case. You don’t automatically have the authority to make decisions for your significant other. To guarantee this, you must be named as an attorney in their LPA. This is an essential legal protection that prevents unwanted people being able to influence decisions or make choices against the person’s wishes.
1. Only someone I’m related to can be my attorney
This is a myth. As long as they are trusted, anyone can be named as an attorney. They must be an adult with the mental capacity to act on your behalf. The person you choose should be suitable and capable of carrying out the duties that may be required of them. The individual should share your values, understand what is being asked of them and agree to be named as the attorney. They should know you well enough to understand your wishes and requirements.
1. I’ll lose control if I set up a Power of Attorney
An LPA can never be used without your agreement or unless you lose capacity. You won’t lose control over anything. In fact, it can bring great peace of mind knowing that you have appointed a trusted and reliable person to ensure your wishes are carried out. You do not lose your right to decide and the Court of Protection is excellent at defending the right to make one’s own decisions.
Mental capacity is judged by two steps – A person must understand information relevant to making a decision as well as the consequences. They must also be able to take the information and weigh it up in order to come to a decision themselves. Therefore, it is almost impossible for anyone to say you have lost capacity when you have not. Assessment takes place on an individual basis so there is considerable protection for everybody.
