The community in Essex is one of compassion and care, and so we feel it is important to focus on the ways that we can help protect vulnerable members of the community.

It can be an overwhelming experience when someone close to you can no longer make decisions for themselves.

A Lasting Power of Attorney (LPA) is the best way to provide for someone whose mental capacity is set to decline.

Many relatives have been surprised and upset to learn that they do not have the legal power to take control of a person’s finances or healthcare when their loved one loses mental capacity.

To avoid this situation, it is important to set up an LPA while you still can.

An LPA sets out provisions that should be made regarding a person’s healthcare and finances, and is a valuable way of giving the person with reduced mental capacity continued control over their life.

When can an LPA be set up?

An LPA can only be established while a person still has their mental capacity.

This is because they must be able to give full, informed consent before their finances or health provisions can be given over to someone else.

While there are many instances when a person’s loss of mental capacity can be expected, such as with the progression of dementia, there are instances where loss of mental capacity can happen abruptly.

If your loved one has a stroke or severe brain injury, they may lose their mental capacity at a moment’s notice.

This is why LPAs are useful for anybody of any age to have in place, as no one can be sure that they will retain their full mental capacity for even the foreseeable future.

Professional written LPAs will have trigger clauses that often require a medical professional to declare a person has limited mental capacity.

This is a failsafe to ensure that, if a person never loses their mental capacity, they do not lose control over their finances or healthcare.

As such, there is no risk to creating an LPA as it may never end up coming into force.

If you or someone you love suddenly loses their mental capacity, then those who need to help them will be grateful for the LPA.

What cannot be done without an LPA?

Without an LPA in place, loved ones are very restricted in what they can do, as they cannot:

• Access bank accounts, even to pay bills or care costs
• Sell, manage or even maintain property
• Make decisions about daily care or where the person lives
• Give or withhold consent to medical treatment
• Handle tax matters or claim benefits on the person’s behalf

This places families in a distressing, challenging situation as they struggle to meet the person’s needs.

The only way to circumvent this is by appealing to the Court of Protection.

This can be a timely process and is likely the last thing a family wants to deal with while trying to meet the needs of their loved one.

An LPA is the perfect way for people of any age to make provisions for their future and protect their loved ones from stress and worry.

At Palmers, we want to embolden the community of Essex to care for each other by providing professional legal advice with heart.

People are more than just a collection of legal rights, and we want to help you take care of the ones you love.

For help setting up an LPA to help look after your loved ones, speak to our team today.