Advice for life

Planning for Mental Incapacity

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Planning for Mental Incapacity

 It’s difficult to imagine what life might be like once mental incapacity has taken hold. In fact, its pretty awful to even contemplate.

But the fact is that a number of us will lose the ability to look after ourselves and our affairs, whether through age, illness or accident. So it’s a good idea to plan for this and protect yourself and your loved ones, even if that eventuality doesn’t come about.

The solution is to appoint one or more trusted friends or, more likely, relatives to assume that responsibility, to give you the peace of mind your affairs will be managed correctly and by someone you've chosen yourself.

A Lasting Power of Attorney is a legal document that allows you to appoint one or more individuals to manage your affairs on your behalf.  Granting a Lasting Power of Attorney means you can rest assured your affairs will definitely be kept in order, as you would want, even if you were to become physically or mentally incapable of undertaking that responsibility for yourself.

A separate Lasting Power of Attorney can also be prepared to deal with health and welfare issues, such as wishes about future medical treatment, care home options and so on.  We can advise about these and the alternatives, such as “Living Wills”

Its important to know that a Lasting Power of Attorney cannot be granted after you become incapacitated. If no documentation is in place and you lose capacity, a rather expensive and time consuming Court application might be required to deal with your affairs and there is likely to be a consider gap whilst this is determined, leaving all sorts of important matters in the air and those close to you unable to do anything to assist.

Its therefore something we urge you to think about now, whilst you have full capacity. We'll be more than happy to talk you through the options and the process to give you reassurance and help you make the decision that is right for you.

If you would like to find out more about how to or whether to make a Lasting Power of Attorney, please call Rachel Dullforce on 01491 839839 or email rachel.dullforce@hedgeslaw.co.uk.