Why make a Lasting Power of Attorney during the COVID-19 pandemic?

Jennifer Robinson Jennifer Robinson 16 November 2020

A Lasting Power of Attorney (LPA) is a legal document which allows someone you appoint, known as an Attorney, to make decisions on your behalf when you are unable to do so.

This could be as a result of ill-health, mental incapacity or absence, for example on an extended holiday abroad.

Those decisions might be to do with your finances or property or, if you lose mental capacity, health and welfare issues, such as where you ought to live or what medical treatment you should have.

Jennifer Robinson, paralegal in the Private Client team at Wake Smith Solicitors, looks at the importance of making an LPA during a pandemic.

Jennifer said: “It is a common misconception that you only need an LPA when you get older and research by the Office of the Public Guardian found the average age of a donor was 73.

“However, you can create an LPA at any time, so long as you are 18 or over and have mental capacity when you make it.

“The recent global pandemic has proven how important an LPA could be during these unprecedented times.

“An LPA for property and financial affairs can be used by your Attorneys as soon as it has been registered.

“This means if you are shielding or self-isolating, your Attorney has the authority to access your bank account to pay for bills or buy necessities on your behalf.

“Furthermore, the number of people being hospitalised due to COVID-19 is increasing. Having an LPA for health and welfare could give you reassurance that if you were hospitalised, as a result of COVID-19, and were unable to make decisions due to lack of capacity or were unconscious, that your Attorney, a person you know and trust, will be making decisions on your behalf in regards to medical treatment.

“Whilst many business are closed or implementing reduced working, Wake Smith Solicitors has remained fully operational during the COVID-19 pandemic, therefore it is still possible to make an LPA.

“We are offering appointments at our offices (social distancing guidelines are adhered and the appropriate PPE must be worn throughout your visit); alternatively we can arrange a virtual appointment through Zoom or Skype.

“The Office of the Public Guardian has also confirmed it is still open and registering LPAs, however there may be slight delay as they are currently experiencing a high volume of applications.”

For more information on Lasting Powers of Attorney and to book an appointment please contact the Private Client team at Wake Smith Solicitors on 0114 266 6660.

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