A permanent power of attorney allows you to choose who to meet on your behalf in relation to your property and affairs (P&A LPA) and health and welfare H&W LPA, in case you do not do so yourself can.
Often times people think about making a will because we know that dying is a certainty. But how many of us ponder what will happen if we lose capacity, either from developing some form or dementia, or as a result of an accident?
It is estimated that 2 million people in England have no intellectual abilities and although awareness of conditions such as dementia has risen, there are still many people who have not been granted permanent authority. Everyone can lose their mental capacity at any time. So what if you lose capacity and don’t have an LPA?
The absence of an LPA in the event that you lose your mental capacity can have serious consequences, for example in relation to your well-being such as living conditions or medical care. In these cases, a decision in your best interests can be made by a doctor or government official. As for your property and affairs, they are essentially frozen as no one is authorized to handle them. Access to your bank accounts or investments is blocked.
The Court of Justice has the power to appoint someone to act as a substitute for any person who is lacking capacity. As with an LPA, there are two types of representation, one for property and affairs and one for welfare. The role of a proxy is similar to that of a lawyer, but has higher accounting and oversight requirements. The guardian’s office oversees everyone who has been nominated as a vicar to ensure that they meet the required vicarious standards.
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