Many people believe that your partner will automatically be able to deal with your affairs should you lose mental capacity, this is unfortunately incorrect. Your partner will not automatically be able to deal with your affairs unless there is a Lasting Power of Attorney in place which can only be made when a person has mental capacity.

Indeed, a Lasting Power of Attorney is vital, regardless of whether you are single, married or cohabiting with someone, should you be in position where you are unable to make decisions for yourself.

A Lasting Power of Attorney is a legal document which allows you (the ‘donor’) to appoint one or more people (known as ‘attorneys’) to make decisions and/or act on your behalf. There are two types of Lasting Powers of Attorney, one deals with property and financial affairs and the other relates to health and welfare affairs.  

The person making the Lasting Power of Attorney has total control over who they appoint as their attorney, and they can appoint multiple attorneys who can act together or independently.

If capacity has already been lost, you have to apply to the Court for a Deputyship order. A Deputy is a person appointed by the Court of Protection to make decisions on someone’s behalf, who lacks the mental capacity to manage their own affairs which is a much longer and expensive process. 

Mental incapacity can strike at any time, you will have much greater control and save time and money if you arrange your Lasting Powers of Attorney.

For more information please contact Oldham Marsh Page Flavell Solicitors on 01664 563162 or [email protected]