Q: My daughter is trying to persuade me to get a Lasting Power of Attorney drawn up, but why would I need to do that when I have a husband who has looked after me and our affairs for the past 45 years, and continues to do so very well?
A: Everyone of a certain age should have a registered LPA in place so that if the unexpected happens, then someone you trust can step in immediately and handle your affairs.
Even if your husband is in good health and has full mental capacity now, it does not necessarily mean that this will be the case for the rest of your life. If, for example, you and your husband hold joint assets, unless you have an LPA in place your husband may not be able to dispose of those assets if you should lose mental capacity and it becomes necessary for him to release them. If he had to apply to the Court of Protection to take over your affairs, he may suffer financial hardship whilst waiting for the deputyship to be processed and granted.
An even worse scenario would be if you lost capacity and your husband died or also became incapacitated. In those circumstances anyone over the age of 18 could apply to the Court of Protection to become your attorney and provided nobody objected to their application it could be granted. In other words, the Court of Protection could appoint someone who would not be your choice. For this reason, and to provide you with long term protection, you should appoint not just a primary attorney or multiple attorneys, but also replacement attorneys.
Making an LPA and registering it now, whilst you have full capacity, is the only real way of ensuring that your care and finances will be decided by someone you trust, in accordance with your wishes. You could appoint your husband as joint attorney with your daughter.
This question has been answered by Harriet Roberts, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
