Who needs a UK Lasting Power of Attorney? If you came to this site thinking that your family could manage your life if you became unable to, let’s make one thing clear. Your family has NO RIGHT to make decisions for you if you are over 18. Your husband or wife has no right. Unless or until you make Lasting Powers of Attorney. A case in point: there follows exactly the sort of situation which could happen to you without Lasting Power of Attorney in place:
“The judge described the situation as follows:
“It is hard to imagine a more depressing and inexcusable state of affairs. A defenceless 91 year old gentleman in the final years of his life was removed from his home of 50 years and detained in a locked dementia unit against his wishes. Had it not been for the alarm raised by his friend RF he may have been condemned to remain there for the remainder of his days. There can be no doubt that ECC’s practice was substandard. They failed to recognise the weakness of their own case and the strength of the case against them. They appeared unprepared to countenance any view contrary to their own. They maintained their resolute opposition to P returning to his home until the last possible moment.
In my judgment the conduct of ECC has been reprehensible. The very sad and disturbing consequences for P cannot be ignored.”
Deprivation of liberty and damages. Essex County Council v RF (2015) EWCOP 1, (2015) MHLO 2 — (1) A final declaration was made that P lacked capacity to make decisions in relation to his residence and care arrangements, but retained capacity to make decisions in relation to contact with others. (2) In considering quantum there is a difference between procedural breaches (which would have made no difference to P’s living or care arrangements) and substantive breaches (where P would not have been detained if the authority had acted lawfully). (3) The judge approved the following compromise agreement: (a) a declaration that ECC unlawfully deprived P of his liberty for approximately 13 months; (b) £60,000 damages; (c) care home fees to be waived (around £23-25,000); (d) damages to be excluded from means testing for community care costs; (e) costs to be paid (may exceed £64,000). “
This is what can happen if you don’t have Lasting Powers of Attorney, and you don’t have to be old. Recently, a local authority declared a pregnant lady mentally incompetent and forced her to have a caesarian section then took away her baby. So don’t fall into the trap of thinking LPAs are for old folk. Anyone can have a fall, a car accident or a stroke, leaving the family powerless in the face of Social Services.
Is this what you want for yourself, your parents and your adult children?
LPA UK deals with Lasting Powers of Attorney in England and Wales.
If you know enough to know that you need to organise Lasting Power of Attorney, then just clicking through to the LPA UK information page will just give you costs for UK LPAs and other relevant information. Without going through everything.
If, like most people, you don’t know too much more about UK LPAs than that maybe you should consider getting them, then follow the link for a basic guide to UK LPAs.
The first page tells you a little of the potential horrors which await the unlucky! Do bear in mind that around half of us WILL lose the ability to make decisions at some stage.
It may be a car accident, a stroke, early onset Alzheimer’s or any of a myriad of issues that make the absence of a UK LPA a personal and family disaster.
The second page explains what a Lasting Powers of Attorney does.
The third page discusses the types of LPA.
From there you can go straight to the How to Make an LPA page or you can go into more detail by following the links below.
If you are serious about having a UK Lasting Power of Attorney, we will be happy to have a brief chat with you before you formally instruct us. Call us on 01323 384003 (if from a mobile, call 01323 741200 – it will be cheaper.)
We believe that UK LPAs are crucial for everyone over 18 – anyone can have an accident at any time, whether it be a trip down the stairs, over a paving stone or a car accident, or any of the other things which can stop anyone from managing their own lives.