Making your wishes clear n case of incapacity Property and affairs LPAs are fairly common and you may already have one in place. Fewer people have health and that care. You may wish to choose the same attorneys for both LPAs but it is not compulsory Losing capacity with no LPA in place Ifyou lose capacity and have no property and affairs LPA in place, your loved ones may find it difficult to access your finances. Without authority in Making a health and welfare LPA A health and welfare LPA will include important, often life-saving, choices about your medical care and treatment, so it has to be made wben you stil have an LPA, they will be unable to manage the a You cannot make either a property and affairs or health and welfare LPA once you lose mental capacity, so it is important to plan ahead and write your deputy to be appointed, which can be a wishes down as early as you can. You consuming and expensive process. might want to consider issues such as , where you wish to be cared for isions your bank account, pay your bills, or deal with your property. In these circumstances, your family will have to apply to the Court of Protection for a A report from Solicitors for the Elderly has warned that the UK is heading The Court of Protection is unlikely to appoint a deputy if you have no health towards an 'incapacity crisis' because of a widening gap between the number of . whether you wish your organs to be and welfare LPA in place, because it prefers these decisions to be made jointly between your family and other people caring for you. If you have not told them your preferences and they cannot agree on your care or treatment, this can cause confusion and distress donated; , whether you want to receive life e likely to develop dementia and those who have taken stepe staining t whether you want to be resuscitated These are difficult questions, and your solicitor will be happy to discuss them with you and members of Gail Hall, private client solicitor at arners Solicitors in Tonbri You may think that your next of kin are automatically entitled to make medical decisions on your behalf, but this i not the case. Only doctors acting in your best interests have the authority to make final medical decisions for you if you are unable to, and this can be preferences for care and medical treatment in a lasting power of attorney can empower and protect your loved choices, your solicitor can put them into a formal LPA, so that the people you choose to look after you can take control straightaway if you lose capacity. Choosing your attorneys The o What is a lasting power of attorney? A lasting power of attorney (LPA) is a formal legal document which all people of your choice to make decisions important that you set out your wishes people you choose to make decisions on your behalf are called your attorneys. You can choose more than one attorney, and they can be your spouse or partner, a family member, a friend, or a professional such as a on your behalfif you become unable to. There are two types of LPA: When someone loses capacity, it can be a very distressing time for their family and friends, Making sure you have . property and affairs: this covers property, like managing investments or selling your house. You can decide solcitr You can appoint them to act when you are no longer able to will go when your attorneys can act for you jtly or jointly and independently. some way towards easing the burden on either when you have lost mental We recommend that you have both types of LPA in place to make sure that your health needs are provided for in line with your wishes, but also that your your loved ones at a difficult time. For further advice, please contact Gail Hall on 01732 770660 or email , health and welfare: this covers decisions about where you live, day o-day care, and medical treatment but your attorneys can only act if you have g.hall@warners.law attmeys can look after your f warners solicitors affairs. If you need long term care, i managed in a way that meets the cost of ne contentsefthis article arefirthe prysesofgeneralawareness only. Theydonot purporto consthelegal or prysional advice. The law may have changedstne pahtshed. Rrado sol mot act o he basts of the infoation fecladed and sheald toke appropriate profonal adrice apen bhir ow parir cicunsance articlewas