Aug 8 16

Fast-track your Lasting Power of Attorney before it’s too late

Roger Wastnedge

Sir Jackie Stewart announced in June that his wife Lady Helen Stewart is suffering from dementia

The world champion Formula One driver explained that his wife of 55 years now requires around the clock care. Lady Helen, 75, was diagnosed with dementia 2 years ago, but this is the first time the racing driver has spoken about the changes he has seen in his wife.

Whilst he believes it is too late to help Lady Helen, he has launched a charity named Race Against Dementia to seek a cure for dementia sufferers in the future.

According to the Alzheimer’s Society 225,000 Britons each year are diagnosed with the condition.

It further highlights the need for people to have LPAs (Lasting Powers of Attorney) in place.

There are two types of LPA that currently exist, the first of which is a ‘Health and Welfare’ LPA. This type of LPA can only be used in situations where the donor does not have the mental capacity – the ability to make decisions for themselves and cannot be invoked otherwise. There is some flexibility as to the extent of the powers the LPA can grant – the appointed attorneys can only make specific decisions if you outline it to be so, for example making judgements such as daily routine and diet, right through to moving into supported care or agreeing to lifesaving medical treatment.

As well as the Health and Welfare LPA, there is the ‘Property and Financial Affairs’ LPA, which as the name suggests links directly to the personal property and money of the donor, and what the attorney can do with it. A Property and Financial Affairs LPA can be used immediately upon registration, there is no requirement for the lack of mental capacity.

Many people opt to make both types of LPA, though there is no necessity to do so, you can opt to only make one or the other.

If mental capacity is lost prior to making a Lasting Power of attorney it can cost thousands of pounds through the Court of Protection with fees starting from £400, plus legal fees, insurance and supervision fees. It is cheaper and more straight-forward to do so whilst you are able.

To appoint an LPA please contact me using the form below.