For many years there has been the Enduring Power of Attorney (EPA) document appointing Attorneys to look after someone’s financial arrangements. However, some Attorneys mistake these as including all aspects of life, including Health & Welfare issues, but in fact are restricted to only deal with the finances of an individual.
When Lasting Powers of Attorney (LPA) were introduced to replace EPA’s it was decided that there should be two types, Property & Financial and Health & Welfare, to help support Attorneys who find they need to deal with Health & Welfare issues of an individual. Often quite unexpectedly.
The recent incident of a fearful loving daughter mistakenly thinking she could take her loved one home instead of returning her to the Care Home is not an isolated case to these unusual times of Coronavirus fears. Over the years people have been in the same trouble and also found themselves in Court for their mistake; not always because they had good intentions for wanting the family member out of the Care Home, whether to be home with them or elsewhere. The result would be the same if your family were unhappy with one facility and wished to move your loved one to a better facility or one closer to you. There are proper procedures to follow as the Care Home are legally responsible for the welfare of their residents and the assigned Social Worker will help with the procedures. It is important to remember that the rules are there to protect the vulnerable.
It is important when considering making Lasting Powers of Attorney (LPA) whether or not there is the slightest possibility of your Attorneys having to make decisions about your health, care and general welfare. It is easier and better in the long-run to make both LPAs at the same time. You do not have to have the same Attorneys, but the important facts are that you have made the choice of who makes decisions for you at a time when you still are able to do so, as LPAs can only be made while you still have capacity to make decisions. Once you have lost your capacity to make decisions it may be left to the Court to make the decisions instead.
If you have any queries over issues you would like to discuss you should speak to a solicitor with the expertise to help you. At Beacon Wealth Legal we would be pleased to advise you over the provisions you wish to cater for through creating a Lasting Power of Attorney.
We have several offices in the area and Marlene Sonnenberg can help you at either our head office in St Neots, (telephone: 01480 219699) or our Kimbolton office, (telephone: 01480 869466).