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It's not easy to think about a time when you won't be able to make your own decisions, but it can help to be prepared.
No one knows exactly what the future holds, thinking about what would happen if our faculties desert us is uncomfortable, but it’s important to consider.
If someone loses their capacity that means they can’t make decisions anymore and will need help managing their finances. A Lasting Power of Attorney (LPA) is a legal document where someone (while they still have mental capacity) appoints a trusted friend or relative to look after their affairs if they lose capacity. There are two types of LPA: one for financial decisions and another for health decisions.
Your attorney should only make decisions for you if you’re unable to make that specific decision at the time it needs to be made. For example, if you fall into a coma, your representative would start looking after your affairs. Yet if you wake from the coma, you should be able to make your own decisions again.
What will happen if you have a stroke, serious accident or dementia for example? Who will deal with your affairs?
Wills Explained
There are two types of lasting power of attorney: one relating to health and welfare, and the other relating to finance and property. The purpose of setting up and registering an LPA is to ensure that if you become unable to take decisions on your own behalf, for example due to illness or injury, a nominated person or persons step in and become the people who take those decisions on your behalf. Clearly for important matters such as these you want to have someone you trust in the position of responsibility.
If you have not made such provisions and the worst happens, applying for a Deputyship of Order through the Court of Protection, is a lengthy and costly process.
Once created, the LPA must be registered with the Office of the Public Guardian, at a small additional charge. You can choose to do this immediately, which means you can then forget all about it knowing the full process has been completed, or you can choose to create the LPA but not register it until such time as it’s needed. Either way the LPA can only be utilised once the donor (that’s the person who becomes unable to make decisions) has lost the ability to express their wishes or to manage their affairs. When this happens the attorneys (the people nominated to make decisions in the donor’s place) can begin looking after the donor’s financial affairs or their health and welfare decisions, depending on which LPA has been set up (or both)..
We can help you decide who should be your attorneys, work through and complete the paperwork with you, and register the LPA on your behalf.
Wills FAQs
What is a Will?
A will is a written document that is legally binding. It allows you to administer your estate upon your death, including the distribution of ownership of your assets.
Why do I need a Will?
It offers assurance to you that your loved ones will remain cared for in the event of your death. It is particularly important when it comes to caring for children and ownership of properties as well as cash sums
Will my spouse automatically inherit my estate?
Not always. It depends on if the deceased has children and grandchildren (known as a bloodline). A spouse is only entitled to a share of the estate if there is no valid Will and the deceased has a bloodline. This can become rather complex if there are children and grandchildren involved, as well as children from previous marriages. Ensuring everything is clear and documented in a Will is the cleanest and most sensible way to administer an estate in the event of death.
Will my children automatically inherit my assets?
Again, this depends on a number of factors. If you are single or widowed with no live-in partner, then your estate will pass to your bloodline in the event of your death. However, if there is a surviving partner, they can inherit the first £250,000 of the estate if there is no Will in place, which may not be your desire and can lead to disputes. The best way to ensure your children and wider family get what you intend is to plan and create a Will with a consummate professional.
How do I start to write a Will and who keeps it?
Speak to a professional firm that specialises in Will writing. They will advise you how you can start the process of planning your Will and will help you examine your estate, as well as your requirements. A professional Will writer will help you craft a bespoke Will that caters to your exact needs, regardless of how complex the family dynamic may be.
What is an Executor of a Will or who can be one?
Executors are named individuals within your Will that will administer your estate and carry out any requests you make. They will form your representation in the event of your death from an administrative point of view, and be the point of contact with all legal bodies as well as those benefiting from the Will; these are called beneficiaries. They undertake the tasks required to execute the Will (hence the name) and are legally responsible for carrying out the wishes stated in the Will.
How often do I need to update my Will?
Quite simply, at any time the Will does not fully reflect your current assets (property sale/purchase, new investments), or there is a change in circumstance (new members of your bloodline, marriage, divorce) then a refresh of your Will is in order.
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