When someone needs assistance making decisions or becomes incompetent, a power of attorney might be helpful. These decisions may relate to their financial affairs as well as health care matters.

When someone wants to appoint another person to make decisions for them if or when they become unable of doing so, they use a Lasting Power of Attorney. It differs from a Will in that it only applies while the donor (the person creating the LPA) is still alive. A Lasting Power of Attorney safeguards the donor’s interests while they are still alive, whereas a Will protects the beneficiary’s interests after death. A Lasting Power of Attorney is still necessary even if there is an existing Will because there is no overlap between the two.

There is no automatic power of attorney for spouses. To act on behalf of the person, a spouse or other relative would still need legal permission. Without a Lasting Power of Attorney in place, they run the risk of having decisions made on their behalf by unrelated parties such as Local Authorities.

The spouse would need to go to court to obtain the right to act on behalf of the person if they become incapable before a Lasting Power of Attorney is created. At a time when things may already be unpleasant and stressful, this can be a costly and time-consuming process. This is known as a Deputyship Application as is made to the Court of Protection.

Having a Lasting Power of Attorney is crucial for a family, especially married couples, as without it they could be frozen from making any decisions or paying any bills. An example of this would be the Heather Bateman story which you can now view on Youtube.

If you would like to discuss Power of Attorney with us, please get in touch with us today on 0800 090 3051.