One of the most iconic UK actresses, Dame Barbara Windsor was sadly diagnosed with Dementia 2014 and more recently it was reported that her illness had worsened during the lockdown and her husband had to make the devastating decision to place her into care. Her husband quite publicly detailed the anguish he felt making his decision but imagine if you have to make this decision for a loved one, or a loved one has to make this decision for you, and you don’t have everything to hand that you need. What if you are in a situation where you need help and support, that can’t be achieved at home, and you need to go into care. Who has the legal authority to make decisions for you?

Lots of us are now familiar with Lasting Power of Attorney documents that cover our property and financial affairs and health and welfare but it is important to understand how immeasurably helpful these documents can be when you are in this situation.

A Lasting Power of Attorney is a document where you appoint a person, or a number of people, who you trust to act on your behalf concerning your affairs. The person or persons appointed are known as your attorneys and they must be individuals you really trust. There is a certain level of understanding which is required for all types of power of attorney and this is known as mental capacity. Without these documents in place, no one can make decisions on your behalf if you have already lost mental. Professionals can have the authority to make decisions about your care and meeting your care needs; usually the local authority or social services. Would you like a stranger to make decisions about your care?

If you would prefer for your family or close relatives to make these types of decisions for you, you need to consider preparing a Lasting Power of Attorney (LPA).

A Property & Affairs LPA will allow your Attorneys to, amongst other things:

· Buy or sell property;

· Operate bank accounts;

· Look after investments;

· Run your business; and

· Deal with tax affairs.

A Health & Welfare LPA will allow your Attorneys to, amongst other things:

· Decide where you live;

· Make decisions about your day to daycare;

· Consent to, or refuse, medical treatment, and

· To make life-sustaining treatment decisions.

Should you wish to discuss this matter further, Emma Oakley, Private Client Advisor at WBW Solicitors’ would be happy to assist with any queries you may have. To arrange an appointment, please contact 01626 202388.