PJR Wills & Trusts

Your money or your life?

​

• Capacity to manage your affairs can be lost for many reasons, such as a sudden accident or medical condition.
   

• With over 850,000 people in the UK currently living with dementia (and rising) ensuring your loved ones have the ability to make decisions for you is essential.But is that really the right thing to do?

​

But is that really the right thing to do?

​

• Ask Yourself This - What would concern you most if you were unable to make decisions for yourself

• Would It Be - Where you lived? What you Ate? What care abd medical treatment you were given?

• Or would it be - Is my money being spent wisely?

​

I Know What My Answer Would Be

​

Below is a true account of what happened to a client where no Health and Welfare LPA was in place.

 

My Mum was admitted to hospital and following a lengthy stay Social Services along with the Local Authorities compiled a health report with an assessment for care. Naturally, her children wanted to be involved in this process and requested that they be consulted with the view to wanting to ensure the care package would be what Mum wanted. Not only were they not invited to any of these meetings to decide Mum's fate, the authorities also refused to reveal the contents of the health report to her own children, All decisions were made without any of her family present!

​

This is NOT an isolated case!

Can any decisions made be challenged?

​

• If there was a serious dispute about any decision made by these 'professionals/authorities' , then you have to apply to the Court of Protection for a Deputyship Order, which is an expensive and lengthy process.
   

• What many people do not know is these orders are granted very sparingly with  many being rejected. They only use this as a last resort.
   

• So in the absence of LPA or Deputyship Order the Mental Capacity Act gives general authority to allow decision makers to take action in providing care, as longs as the decisions are in the best interests of the individual. The issue is the 'Decision Makers' often have competing objectives e.g. to balance what is best for patient versus cost considerations.

 

Having an LPA in Place

​

• Provides the reassurance of knowing that, if the worst should happen, you have chosen someone you trust and knows your wishes, to make the decisions for you.

 

When Should You Make Yours?

​

• The short answer is — now!!
   

• If you haven’t made a Lasting Power of Attorney, then do it now — while you still have mental capacity. Mental capacity can be lost at any time, and not just by a mental illness such as dementia.
   

• Simple things — a bump to the head or even a car accident take people by surprise.
   

• Not having one is a more time consuming and expensive process. Ensure your wishes are carried out by those you love by appointing them as your Attorney today.