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Having made a Will, most people will feel relaxed that their affairs
are in order and that they are prepared should the worst happen.
However, what will happen if you suddenly become physically or
mentally incapacitated?
Security measures have been put in place with a view to
preventing third parties from accessing financial and other detail
these being designed to protect us all from fraud. The problem with
this, however, is that the measures are likely to also restrict
family or friends, who may need to liaise with banks, insurance
companies or utility providers, from doing so on your behalf!
If you become ill or incapacitated in some way (perhaps admitted
to hospital) it is important that you have someone (an attorney or
attorneys) who will be able to look after matters on your behalf and
to arrange personal affairs as you wish them to be.
Lasting Powers of Attorney are no longer an optional extra, but a
true necessity. It is vital that you prepare a Lasting Power to be
prepared for a situation where you might lose mental or physical
capacity. All too often we are called upon to visit hospitals and/or
homes to find that the person concerned does not have sufficient
mental capacity to sign a Lasting Power. Sadly this leaves a spouse,
a partner or family with no option other than to make application to
the Public Guardianship Office (previously Court of Protection) for
a legal Order enabling them to be able to take care of your affairs.
Such an Application can be a tortuous and longwinded process not to
say very expensive.
We can help you put in place a Lasting Power of Attorney now.
Alternatively we can provide support and assistance in an
Application to the Public Guardianship Office in the event there has
been a loss of mental capacity and no Lasting Power is in place.
Do not forget either that a General Power of Attorney is also
available and might be very useful were you to be away for a
protracted period or physically incapacitated.
For further information on the above please contact:
Louisa Herrington-Green or
Lauren Jackson |