Go back 500 years and the average life span was low. William Shakespeare was 52 when he died (on his birthday) on 23rd April 1616 and that age was regarded as “a good innings”.
Skip forward to 2019 and the average life expectancy is 80.96 with women living longer than men. The number of people reaching 100 and beyond is rising.
Which means LPAs or Lasting Powers of Attorney are more important than ever.
But what does it mean?
The word attorney in this context is someone (or in some circumstances an organisation such as a company) legally appointed or empowered to act for another person. The person giving the power is known as the donor. The word ‘lasting’ in the context of an LPA means that the power may continue even if the person (though still alive) no longer has capacity to exercise the power.
The former Enduring Power of Attorney was simple to administer, but failed to provide for some decisions which may have to be made in circumstances that preclude their being made by the person principally affected. In particular, the attorney’s powers under the EPA were largely defined in terms of money and property, and were not related to decisions on medical matters such as the continuation or otherwise of life-sustaining treatment, or welfare matters such as a move to a different kind of accommodation.
The primary purpose of the changes under Mental Capacity Act 2005 (MCA 2005) was to rectify this omission, by creating two LPAs: one for property and financial affairs (the LPA(PFA)) and one for Health and Welfare (the LPA(H&W)).
I’ve covered some of this before – you can read the blog from February here.
What I will reiterate is that LPAs documents are something I specialise in – and I’m happy to help you in around South Yorkshire and North Lincolnshire, whether you’re in Doncaster, Sheffield, Rotherham, Barnsley, Scunthorpe or the Isle of Axholme, I can help you with expert advice for peace of mind for your future.
Contact me today on: firstname.lastname@example.org or by calling me directly on 07875 005 229 any time.