October 11, 2019 by Paul King TEP
Next of kin or even family members can’t just assume that they can make decisions with your affairs or your welfare, if someone has lost capacity the next of kin or family member cannot ring up the bank for example and get the authority to deal with their accounts.
When you turn 18, your next of kin no longer has the right to act on your behalf. Additionally, next of kin is not actually a legal term, and certainly doesn’t have the control of a lasting power of attorney.
2. If I sign a power of attorney then I lose control
A health and welfare power of attorney can only be use when a person lacks mental capacity, only then can your attorneys make decisions your behalf, a property and financial affairs power of attorney can be used when a person lacks capacity but also where a person provides consent for their attorney to act.
Mental capacity is decision specific, so powers of attorney can come into use at different times of your life. It isn’t giving away your independence, its taking control and putting in place a legal document, just in case.
3. I can wait to make my lasting power of attorney until it is necessary
You do not know when something might happen which could leave you unable to make your own decisions. If you leave it to when you may need it, it could actually be too late as you need to have sufficient mental capacity to make one. If you lose capacity without a lasting power of attorney in place you then your family would have to apply to the courts for a deputyship order, this could take up to six months to go through and can incur thousands in legal fees.
By making a lasting power of attorney now, you’re making sure your interests are protected no matter what could happen In the future.
4. Lasting power of attorney is just for the elderly
Accident or illness can strike at any time, sometimes even without warning. Younger people take part in high risk sports, live with mental health problems, or regular alcohol and drug use are all social patterns which could lead young people to no longer be able to make important decisions for themselves.
It’s important to let younger people know that without a power of attorney in place, your family or partner will not be able to make decisions on your behalf.
5. Getting an LPA is too expensive
Whilst an LPA can seem expensive to start with, but if you were to lose capacity without such document then ultimately it would be your family which would have to cover the cost of a deputyship order. Therefore, the money you pay now for a lasting power of attorney could save you thousands.
A lasting power of attorney legal document is also a lifetime document once made, here at April King we understand not everybody is able to pay a large sum for this, this is why we offer s flexible payment plan.
6. I can only appoint one person as an attorney
In order to make a lasting power of attorney you need at least one, however it is recommended to have up to four in case one of your attorneys cannot act. This could be due to ill health, or an attorney passing away. Having more than one attorney means that if one does not want to act then the responsibility can be left to the remaining attorneys.
Common choices can include, husband, wife or partner and children. At April King we are able to advice you on the responsibilities and guide you through the options are available.
7. My children live abroad so they can’t be an attorney for me.
We often come across clients whose children have flown the nest and now live abroad. This does not cause any complications in regards to the LPA and they can still be an attorney. Part of April King’s professional fee includes the preparation and postage of any forms internationally when required.
If your attorney do move address or country, it is a simple case of calling the office of the public guardian to update their records.
To book a free appointment with one of our lawyers or solicitors, call us on 0800 788 0508 or email email@example.com.