B P Collins highlights five things that could happen if you lose capacity to make your own decisions and don’t have a Lasting Power of Attorney.

  1. Without a property and financial affairs lasting power of attorney, no one will be able to access your finances and your bank accounts would be frozen.
  2. An application would have to be made to court to grant the appropriate authority to a deputy, but for those who end up in this situation, this is a time-consuming and lengthy process.
  3. In the meantime, important bills could end up going unpaid.
  4. Without a health and welfare deputy, it would fall to your medical providers to make decisions rather than making your own wishes clear in advance with your chosen deputy, who could communicate these on your behalf.
  5. The court can be reluctant to appoint a health and welfare attorney, so for most of those who have not appointed an attorney for health and welfare, only their medical providers will be in a position to make decisions for them.

B P Collins can advise you on the implications and process of appointing an attorney and we can help draft the documents for you to ensure that all your wishes are clear and legally binding.

For further advice, or more information, contact our team on 01753 889995 or email enquiries@bpcollins.co.uk.

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Lucy Wood
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Senior Associate

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