In recent times there have been changes to care provision rules. As a legal issue this is something to be aware of as you want to be sure that your assets are properly protected. This is why it is best to get sensible legal advice and check that your will has been properly written with a trust fund specifically set aside.
What are LPAs?
LPA means Lasting Power of Attorney- in other words this is the person entrusted to hand over your legal affairs, if you become incapable of handling your own affairs due to ill health. In recent times, changes in the rules around LPAs have meant there are effectively two types of LPA. One is a Property and Affairs LPA, whereby the person who has the LPA makes decisions on how your money is spent and how to ensure that your property and personal affairs are properly managed on your behalf.
The other LPA is what is known as a Personal Welfare LPA. In this instance, the person you have appointed has the right to make decisions regarding your treatment and whether or not to refuse or give consent to treatment on your behalf. However, this can only happen if an LPA is registered and it is decided that you are not capable of making this kind of decision for yourself.
Safeguards
As you can see this is why you need to be careful with regard to who is assigned with an LPA on your behalf. While it is not an easy subject to bring up, this is something that needs to be strongly considered and preferably long before it becomes a pressing issue.
In 2013 the costs of this process were reduced (from £130 to £110), making it easier in terms of cost. With regard to who you assign as your LPA, it can be anyone over the age of 18 who is not bankrupt and is capable of handling your affairs (this could be a legal representative, a family member, partner or friend).
It is also worth noting that you can assign an LPA to up to nine people. This is worth considering in the event that anyone you assign an LPA to, is suddenly not able to attend to their responsibilities (or decides that they are not able to do so).
Another important safeguard is to ensure that your will is updated on a regular basis, including considering having trust funds written into your will for any younger relatives so that they can receive the money when they are able to spend it responsibly.
Legal advice
At Larcomes we have specialists on board to guide you through the process of making a will and ensuring that this is dealt with in the right way. We can also offer guidance with regard to who can be assigned as your LPA and the process involved with registering an LPA. While it is not an easy subject to bring up it is something that is worth doing as soon as possible to provide reassurance for you and your family. Please contact our team for more information so we can provide the right solution to suit your needs.