{"id":2416,"date":"2022-09-08T10:38:55","date_gmt":"2022-09-08T10:38:55","guid":{"rendered":"https:\/\/family-matters.co.uk\/?p=2416"},"modified":"2022-09-08T10:38:55","modified_gmt":"2022-09-08T10:38:55","slug":"what-happens-when-someone-cannot-manage-their-own-affairs","status":"publish","type":"post","link":"https:\/\/family-matters.co.uk\/uncategorized\/what-happens-when-someone-cannot-manage-their-own-affairs\/","title":{"rendered":"What Happens When Someone Cannot Manage Their Own Affairs?"},"content":{"rendered":"
Most types of estate planning protect your loved ones, your estate and assets after your death. LPAs or Lasting Powers of Attorney are the best way to protect you and your finances in your lifetime. Read on to learn more…<\/strong><\/p>\n Managing someone else’s affairs can mean a number of things, including:<\/span><\/p>\n This might be needed if someone:<\/span><\/p>\n There are different ways to manage someone\u2019s affairs. The right method will depend mainly on the circumstances of the person whose affairs need managing, and whether or not they have mental capacity<\/span><\/p>\n If someone can make a safe and appropriate decision for themselves, they can be said to have mental capacity. If they aren’t able to make a decision because of some form of mental disability, they can be said to lack the mental capacity. The disability may be either temporary or permanent. The circumstances under which a lack of capacity may arise could be:\u00a0\u00a0<\/span><\/p>\n Someone is unable to make a decision if they can’t:<\/b><\/p>\n Someone may lack the capacity to make all their own decisions or they may have the capacity to make certain decisions, but not others. Capacity is decided on each circumstance.<\/span><\/p>\n A lasting (lifetime) power of attorney ( LPA )<\/span><\/a> is a legal document that lets a person (the ‘donor’) appoint one or more people (your ‘attorneys’) to help you make decisions or to make decisions on your behalf.\u00a0<\/span><\/p>\n In order to nominate a lifetime power of attorney, you must be capable of making decisions for yourself (see above).\u00a0<\/span><\/p>\n If you want someone to look after your affairs for a long period of time, you can give them a lasting\/lifetime power of attorney (LPA). An LPA is different from an ordinary power of attorney because:<\/span><\/p>\n Anyone can make an LPA in case they ever lose mental capacity.<\/span><\/p>\n You should also make an LPA if you have been diagnosed with, or think you might develop, an illness which might prevent you from making decisions at some time in the future.<\/span><\/p>\n The kinds of illness which might prevent you from making decisions for yourself include:<\/span><\/p>\n You must make an LPA whilst you are still capable of making decisions for yourself.\u00a0<\/span><\/p>\n There are two types of LPA:<\/span><\/a><\/p>\n You don’t have to make both types of LPA at one time.<\/span><\/p>\n This type of LPA gives someone the authority to deal with and make decisions about issues like:<\/span><\/p>\n You can give someone power of attorney to deal with all your property and financial affairs or only specific things. Maybe you want them to operate a bank account but not to buy and sell property. If you want to make an LPA which only deals with certain matters, you should make sure that it is drawn up very carefully so that the attorney is very clear about what authority they have to deal with your affairs. <\/span>Contact us today<\/span><\/a> for a chat to see how we can help.<\/span><\/p>\n A property and financial affairs LPA will come into effect as soon as it is registered. This means that the attorney will be able to start making decisions straight away, even if you are still capable of making them yourself.. If you don’t want the attorney to be able to do this straight away, we will make sure that the LPA says this.<\/span><\/p>\n An LPA concerning health and welfare gives someone authority to make decisions about things like:<\/span><\/p>\n You can make a health and welfare LPA which deals with all aspects of your personal welfare, or just certain things.<\/span><\/p>\n It’s not possible to use a health and welfare LPA until the person who made it has lost their mental capacity..<\/span><\/p>\n You must do this whilst you’re still able to make decisions for yourself. Now is better than never.<\/span><\/p>\n Choose the person who you want to look after your affairs very carefully and get in touch with us.\u00a0<\/span><\/p>\n We will help you fill in the appropriate\u00a0 forms and register the LPA with the <\/span>Office of the Public Guardian<\/span><\/a>.\u00a0<\/span><\/p>\n Anyone can be an attorney, as long as:<\/span><\/p>\nWhat Does It Mean To \u2018Manage Someone’s Affairs\u2019?<\/span><\/h2>\n
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Ways Of Managing A Person\u2019s Affairs<\/span><\/h2>\n
When Does A Person Lack Mental Capacity?<\/span><\/h2>\n
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What Is A Lifetime Power Of Attorney?<\/span><\/h2>\n
Lasting\/Lifetime Power Of Attorney<\/span><\/h3>\n
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Types Of LPA<\/span><\/h2>\n
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Property And Financial Affairs\u00a0<\/span><\/h4>\n
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Health And Welfare<\/span><\/h4>\n
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How Do I Make A Lifetime Power Of Attorney?<\/span><\/h2>\n
FAQs<\/span><\/h2>\n
Q. Who Can Be An Attorney<\/span><\/h4>\n