The Importance of Decision Making
This week, our Wills & Probate Department have been considering the importance of mental health and well-being and the impact it can have on a person’s day-to-day life.
Mental Health Awareness Week highlights the significance of understanding mental capacity and its fluctuations. Conversations around Lasting Powers of Attorney can help demystify the concept of capacity and encourage individuals to think about their future needs. It fosters a culture of awareness and preparedness, enabling more people to take control of their decisions.
An often-overlooked aspect of mental health is the legal framework surrounding decision-making, particularly when a person might be unable to manage their own affairs. Lasting Powers of Attorney (LPA) can play a vital role when considering decision-making in this context.
A Lasting Power of Attorney empowers individuals to make arrangements for their future and ensures their wishes are respected, regardless of their mental capacity.
Lasting Powers of Attorney – Why are they so important?
A Lasting Power of Attorney is a legal document which allows individuals to appoint a trusted attorney (or more than one attorney) to make decisions on their behalf if they lose the capacity to do so themselves.
Without an LPA in place, to make choices on your behalf, your loved ones would have to apply to the Court of Protection to make any decisions about your healthcare or finances. This can be a costly and arduous process for all involved and the outcome might not be what you would have wished for.
There are two types of LPA: one for health and welfare decisions and another for property and financial affairs. Having an LPA in place can be crucial, particularly for those with mental health conditions, as it ensures that your preferences are honoured and interests are safeguarded.
Mental Health & Lasting Powers of Attorney
Having a Lasting Power of Attorney not only benefits the individual who has one in place, it can also have a profound effect on those who have been appointed as attorney.
Here are just some of the benefits of an LPA:
- Empowerment and Autonomy: Mental health issues can sometimes impair decision-making capabilities. Establishing an LPA empowers individuals by allowing them to select a trusted person, or people, to act on their behalf. This proactive approach can alleviate anxiety about losing control over one’s life and ensure that decisions align with their values and preferences.
- Planning for the Future: During Mental Health Awareness Week, discussions often focus on the importance of planning for one’s well-being. An LPA serves as a fundamental tool in this planning process. By preparing LPAs, individuals could safeguard their finances and ensure continuity of care, even during challenging times.
- Reducing Stress for Loved Ones: When a person experiences a mental health crisis, family members and friends can face overwhelming stress. An LPA provides clarity about the individual’s wishes, reducing uncertainty and potential conflict among family members regarding care and financial decision-making. This clarity can ease the emotional burden on loved ones during difficult times.
How Can We Help
Lasting Powers of Attorney are an essential tool which provides peace of mind for both the individual with an LPA in place and their loved ones.
At Oliver & Co we know how important it is for everyone to have the opportunity to make informed decisions about their future.
Our experts provide a comprehensive, personal service and are highly-qualified to give you and your family the very best advice.
We offer:
- Free initial advice from expert solicitors, in person or over the telephone.
- Home and hospital visits.
- Competitively priced LPA, from £350 + VAT.
- Comprehensive advice to help you decide whether an LPA is suitable for you or a family member.
Contact us today or call us on 01244 312306 for a no obligation chat about how we can assist with your Lasting Power of Attorney needs.
