Here is the outline of what we are going to cover in todays article titled, “The Advantages of Having a Power of Attorney”
We will define what a power of attorney is and highlight why having one is beneficial and also go over the two main types.
Chapter 1: Peace of Mind for the Future
We will explain how a power of attorney allows you to plan ahead and discuss the advantages of appointing someone you love and trust to make decisions on your behalf. It will also include how it can avoid the court’s involvement in decision making
Chapter 2: Protection of Assets and Finances
Detail how a power of attorney can safeguard your property and finances along with giving attorneys the ability pay bills, manage investments, sell assets if needed without the added costs of court fees.
Chapter 3: Continuity of Care and Healthcare Decisions
We will discuss the advantage of having a health and welfare Power of Attorney and how your wishes can be followed by making car decisions that are aligned with you values and wants and needs. This includes medical treatments and medical decisions.
Chapter 4: Avoiding Delays and Family Disputes
Here we will highlight how appointed attorneys can act immediately if you lose capacity preventing delays caused by court appointment of a deputy.
This can also prevent family conflicts over your care and finances by documenting your wishes
Chapter 5: Customisation and Control Over Your Affairs
Here we will explain how you have the ability to customize instructions for your attorneys. This could include quality of life and any other situations.
We can also look at the options of having more than one attorney.
Chapter 1: Peace of Mind for the Future
One of the biggest advantages of having a power of attorney in the UK, is the peace of mind it provides in knowing your affairs will be properly handled if you ever lose mental capacity in the future. None of us know what lies ahead, but by appointing an attorney through a lasting power of attorney, you can plan for any potential incapacity.
This powerful legal document allows you to choose someone you completely trust, such as a spouse, child, or close friend, to make decisions on your behalf if you become unable to do so yourself. Your appointed attorney will have the legal authority to manage your property, finances, healthcare, and personal welfare according to your known wishes and values.
Without a power of attorney in place, your loved ones may face substantial challenges and delays if you lose mental capacity unexpectedly. The court could need to appoint a deputy to handle your affairs, a process that can take many months and may result in someone you didn’t choose being put in charge. Plus costing thousands of pounds in legal and court fees.
By setting up a lasting power of attorney, you avoid this uncertainty and gain control over who will be responsible for your affairs. You can have confidence that the person(s) you have appointed have your best interests at heart, and will make decisions aligned with how you would want your matters handled.
Additionally, a power of attorney can provide reassurance that your future care requirements will be addressed by someone who understands your needs and preferences. Your attorney can make decisions about your living situation, medical treatments, and quality of life – ensuring your wishes are respected.
With a power of attorney in place, you and your family can have valuable peace of mind knowing there is a plan to protect your well-being and handle your affairs responsibly if circumstances change. This advantage alone makes creating a lasting power of attorney an essential part of future planning for many people in the UK.
Chapter 2: Protection of Assets and Finances
One of the major advantages of having a power of attorney, particularly a lasting power of attorney for property and financial affairs, is the ability to safeguard your assets and ensure your finances are properly managed if you lose mental capacity.
Without a power of attorney, your bank accounts, investments, income and property could potentially be left unattended, or worse still, blocked, if you become unable to make decisions about financial matters yourself. This puts your hard-earned assets at risk of being drained or mishandled.
By appointing an attorney under, you grant them the legal authority to take control of your property and finances on your behalf. Some of the key powers your attorney can exercise include:
Your attorney is legally bound to act in your best interests when managing your money and property under the power of attorney. They must keep full accounts and records.
This level of control ensures your financial affairs remain properly organized and your assets are protected, preventing issues like:
– Unpaid bills or missed mortgage payments leading to debt/defaults
– Investment portfolios being left unattended and losing value
– Difficulty accessing funds to pay for your care
– Property being left vacant/unmaintained
As the Office of the Public Guardian explains, “Lasting power of attorney is a way to give someone you trust the legal authority to make decisions on your behalf if you lose the mental capacity to do so in the future.”
Having this authority in place through a power of attorney provides immense protection and advantage in ensuring your assets and financial matters don’t fall into disarray during any period of incapacity. Your assets remain under the control of someone you’ve appointed, preventing complications and financial issues that could otherwise arise.
Chapter 3: Continuity of Care and Healthcare Decisions
In addition to handling property and financial affairs, a lasting power of attorney can also cover decisions regarding your health and personal welfare if you decide to have the “Health & Welfare” power of attorney.
One of the key advantages of this type of power of attorney is ensuring continuity of care and that your wishes for medical treatment and overall wellbeing are followed, even if you lose the capacity to make or communicate those decisions yourself.
By appointing an attorney under a Health and Welfare LPA, you give them the legal power to make choices about your healthcare on your behalf. This could include:
– Giving or refusing consent for medical procedures
– Choosing where you should live (e.g. care home, assisted living etc.)
– Deciding what types of care and personal assistance you should receive
– Making decisions about your daily routine and habits
Your appointed attorney has a duty to make these choices in your best interests and according to any preferences you’ve laid out in the Lasting Power of Attorney (LPA) document.
This helps ensure decisions impacting your quality of life align with your values and previous wishes as much as possible.
Without a Health and Welfare LPA, your loved ones would have to apply to the Court of Protection to obtain the authority to make these decisions on your behalf – a process that can take many months and cost many thousands of pounds. Having an LPA avoids this delay and potential for disagreements among family.
As the NHS explains, “A health and welfare lasting power of attorney is a powerful legal document that allows your attorney to make decisions about your daily routine, medical care, moving into a care home and life-sustaining medical treatment.”
By granting this authority through an LPA, you maintain control over who will make decisions about your care instead of leaving it to a court-appointed third party. Your attorney can ensure continuity in your healthcare and personal care based on their understanding of your needs and wishes.
Chapter 4: Avoiding Delays and Family Disputes
One of the crucial advantages of having a power of attorney is the ability to avoid lengthy delays and potential conflicts within your family when you can no longer make decisions for yourself. Without a power of attorney in place, your loved ones may face an arduous legal and costly process and difficult decisions about your care.
If you lose mental capacity and do not have an appointed attorney through a lasting power of attorney, the Court of Protection would need to issue an order appointing a deputy to manage your affairs. According to the Office of the Public Guardian’s guide, this court process “usually takes over 20 weeks to complete” from the initial application.
During this time, your finances and potential healthcare needs could essentially be in limbo, with no one having immediate authority to act on your behalf. Understandably, this waiting period can cause immense stress and difficulties for families at an already challenging time.
By setting up a lasting power of attorney ahead of time, your chosen attorney(s) can step in and begin making vital decisions immediately, without any court involvement or delays. This ensures your affairs are handled promptly according to your predetermined wishes.
Another key advantage is preventing disputes among your family and loved ones over your care and assets. If you haven’t documented your preferences for things like medical care, living situation, or financial decisions through a power of attorney, disagreements may arise over what you would have wanted.
Siblings may have conflicting views, or difficult choices will need to be made that could sow discord within the family. An LPA helps avoid this by appointing a specific decision-maker whose authority stems from you when you had full mental capacity.
As the Alzheimer’s Society states, a lasting power of attorney “can help prevent family arguments and let you decide now what you want to happen in the future.” Your appointed attorney has legal grounds to carry out your wishes without challenges.
So in addition to expediency and cost, a crucial advantage of a power of attorney is that it allows your affairs to be handled according to your stated desires while preventing unnecessary family strife during an already emotionally trying situation.
Chapter 5: Customization and Control Over Your Affairs
A lasting power of attorney offers a valuable advantage in giving you extensive control and customization over how your affairs will be managed if you lose mental capacity in the future. This legal document allows you to specify tailored instructions while appointing attorney(s) of your choosing.
One of the key areas you can customize is the level of authority granted to your attorneys and how they can make decisions. For example, with a Property and Financial Affairs LPA, you could:
– Require attorneys to act jointly (all must agree) for certain decisions
– Allow attorneys to act jointly or individually (either can act alone)
– Act jointly and severally (both together and individually)
– Place restrictions on specific powers (e.g. cannot sell your home)
– Provide letter of wishes/preferences to guide money management
For a Health and Welfare LPA, areas of customisation include detailing your desires related to:
– Religious beliefs to be considered for medical treatment
– Preferences on living arrangements (home care vs care facility)
– Life-sustaining treatment wishes in end-of-life situations
– Daily preferences for recreation, diet, routines, etc.
The more comprehensive your instructions are in the LPA document itself, the easier it will be for your attorney(s) to manage your affairs precisely according to your previously stated wishes.
You also maintain full control when selecting who you appoint as your attorney(s). This allows you to choose people you completely trust to look after your best interests, based on their relationship with you and understanding of what matters most to you.
According to the Office of the Public Guardian’s guidance, some good options for attorneys include:
– Spouse, partner or close family member
– Close friend or accomplice
– Professional advisor like a solicitor
– A combination of loved ones and professionals
You can even appoint replacements in case your original attorneys are unable to act on your behalf in the future.
With a power of attorney, you don’t have to leave major life decisions up to a court appointee or relatives who may not fully understand your values. You can create a tailored document specifying instructions while choosing trusted representatives to carry them out. This customization ensures your affairs stay in control of people you’ve selected according to your precise preferences.
Conclusion: An Essential Planning Tool
As outlined in this article, having a power of attorney in place offers a multitude of advantages that make it an essential part of planning for the future and protecting your interests.
By granting legal authority to a trusted person of your choosing through a lasting power of attorney, you gain invaluable peace of mind knowing your affairs will be handled according to your wishes if you ever lose mental capacity. This avoids uncertainty, lengthy court procedures, and putting the decision-making in the hands of someone you didn’t select.
One of the primary advantages is the protection a power of attorney provides for your assets and finances. Your attorney can access accounts, manage investments, handle income sources, pay bills, and even sell property on your behalf if needed. This ensures your hard-earned money and property don’t fall into disarray during any period of incapacity.
For those opting for a Health and Welfare Lasting Power of Attorney, a crucial benefit is being able to grant decision-making over your personal care and medical treatment to your attorney. This allows your desires related to healthcare, living situation, and quality of life to be carried out instead of leaving it up to court appointees unfamiliar with your preferences.
Additionally, a power of attorney helps prevent delays, extra costs, and potential family conflicts that could arise when you lose capacity and haven’t documented your wishes ahead of time. Your attorneys can act immediately on managing your affairs and making vital choices, following the customised instructions you provide in the legally-binding document.
Perhaps the biggest advantage of all is the level of control and customization a lasting power of attorney affords. You choose who to appoint as your attorney, what authority they have, and can include personalised guidance on how you want them to approach everything from finances to medical decisions. This puts you firmly in the driver’s seat regarding your future care and assets.
Given the many advantages of having a power of attorney covered here, it’s an important legal instrument that everyone should consider putting in place sooner rather than later. By taking this proactive step as part of your life planning, you ensure your affairs remain in trusted hands and aligned with your values, providing you and your loved ones invaluable advantages and peace of mind for the future.
If after reading about the numerous advantages of having a power of attorney, you are convinced this is an important legal document to put in place, the next step is to consult with experienced professionals.
Here at powerofattorneyadvice.co.uk, we provide comprehensive guidance from qualified advisors who specialize in powers of attorney and can ensure you create a lasting power of attorney tailored to your unique situation and wishes.
We will take the time to understand your specific needs, walk you through all the options, and help you customize a power of attorney that gives you full control over:
– Selecting the right attorneys and replacement attorneys you trust implicitly
– Determining the scope of decision-making powers you wish to grant
– Providing detailed preferences and instructions for your attorneys to follow
– Ensuring the legal requirements are properly satisfied for a valid LPA
We understand that creating a power of attorney involves making key decisions about your future. That’s why we prioritise truly listening to your goals and offering impartial advice, not just a one-size-fits-all document.
You can have confidence your lasting power of attorney will accurately capture and protect your wishes. Our complete service covers drafting, reviewing, registering your LPA with the Office of the Public Guardian, and being available to answer any questions along the way.
Don’t leave the advantages of having a power of attorney on the table. Empower yourself and your loved ones by taking action today. Contact us now to schedule a free, no-obligation consultation and ensure this vital piece of your life planning is done right.