If you are an informal carer for a loved one, creating a lasting power of attorney (LPA) is crucial for being able to easily manage their health and finances once they are unable to. There have been many unfortunate cases in England where an LPA has not been arranged, consequently causing further heartache and stress for loved ones trying to navigate an already difficult period. In this blog, we will explain why a lasting power of attorney is so important and the risks of not arranging one.
What is a Lasting Power of Attorney?
An LPA is a legal document that allows an individual (legally referred to as the “donor”) to appoint a trusted person (an “attorney”) to make decisions on their behalf.
There are two types of LPAs:
- Property and Finance LPAs ‒ The attorney manages the donor’s financial affairs, such as their bank accounts, property/ies and bills. This LPA can be used as soon as it is registered.
- Health and Welfare LPAs ‒ The attorney makes decisions about the donor’s health, like their personal care or medical treatment. This type of LPA can only be used when the donor has lost the capacity to make decisions about their own health and welfare.
There is also some key information to remember when registering your LPA:
- Your LPA must be registered with the Office of the Public Guardian to be valid.
- An LPA must be arranged while the donor has the mental capacity to appoint a trusted attorney to manage their health and finances.
- You can have more than one attorney, but they all must be over 18.
Examples That Show Why a Lasting Power of Attorney is Important
In 2003, Heather Bateman’s husband, Michael, was hit by a car and fell into a 3-year coma before passing away in 2006. Heather and Michael had separate bank accounts, with most of the bills paid from Michael’s, both of their names were on their house deeds and they had written their Wills.
Despite this, the Court of Protection stepped in to manage and make decisions about Michael’s health and finances during his coma, rather than his loved ones doing so, because they had not legally appointed an LPA. The Court of Protection is an independent body that manages the affairs of people who do not have the capacity to manage them themselves; so, when an attorney hasn’t been appointed and registered, the donor’s affairs are automatically under the control of the Court. For Heather, this meant that every bill she needed to pay, or decision about Michael’s health she needed to make, had to be assessed and approved by the Court.
Not only did this contribute to the sorrow Heather and her family were dealing with, but the involvement of the Courts ended up costing her over £3000.
Providing dementia care without an LPA
Daily Mail journalist Samantha Partington wrote an article recounting the nightmare she faced when her mother was diagnosed with dementia. When she tried to discuss making a lasting power of attorney with her parents, her father delayed the process, stating, “I’m not going anywhere yet.” Sadly, he passed away some months after his wife was moved into a care home.
While grieving the loss of her father, Samantha had to deal with administering her parents’ estate, as everything had automatically transferred to her mother, who was struggling to communicate and hadn’t arranged an LPA. Without access to her parents’ accounts, Samantha was forced to pay her mother’s bills herself, deal with repayment demands from her father’s pension provider and was ultimately given three weeks to decide whether to sell or rent her childhood home.
In the end, Samantha had to apply to become a deputy under the Court of Protection and an appointed person for the Department of Work and Pensions in order to make financial and health decisions for her mother. This was a very stressful and time-consuming process, which still needed to be approved by the Court. She ended her article encouraging family members to protect their loved ones by creating a lasting power of attorney.
Use a Lasting Power of Attorney for Peace of Mind
It can feel easier to ignore conversations with loved ones about arranging an LPA, should such a time arrive that you need to use it. However, using a lasting power of attorney should be treated in the same way as using life insurance; it’s there in case it’s needed.
Without an LPA, you could be left dealing with a number of consequences:
- You may have to apply to become a deputy after your loved one has lost their capacity, which can take 6 to 12 months, if not longer.
- The Court may decide to appoint a deputy whom you would not have chosen.
- Your loved one’s bank accounts and assets could be frozen, preventing family members from gaining access without using a lasting power of attorney.
- You may have to pay your loved one’s bills, mortgage or care fees from your own account.
- Their property/ies cannot be sold without an LPA or deputyship.
- The Court of Protection process is costly, and there is an annual reporting fee for a deputy.
- Medical decisions will be made by court-appointed or health care professionals in your loved one’s “best interest”, rather than what they may actually want.
- Without clear legal documents, this can lead to disagreements amongst family members, which adds to the already stressful situation.
Speak to Blossom About Care For Your Loved One
Making legal arrangements, like creating a Lasting Power of Attorney, for your loved one when they may be struggling can be an emotionally draining task. At Blossom Home Care, we ensure that you have one less thing to worry about by providing the highest standard of at-home care. Whether your family member requires complex, live-in or dementia care, we offer a range of services and experienced carers that cater to their needs. Contact us today with any questions about arranging home care or to enquire about our compassionate care services, or read our blog about.