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People are living longer than ever but with this tendency comes a higher risk of mental incapacity due to strokes, dementia or Alzheimer's disease.

It is therefore important, particularly if you are elderly, that a family member, a trusted friend or a professional (such as a solicitor) can step in and immediately take over the handling of your financial affairs.

The Property and Financial Affairs Lasting Power of Attorney (LPA) allows your chosen Attorney or Attorneys to access your bank accounts and pay your bills, liaise with your insurers, make financial arrangements for your continuing care etc.

Another type of Power of Attorney is the Health and Care LPA in which you can authorise one or more persons to make decisions about your medical treatment and care arrangements (e.g. choosing the best type of care for you, or selecting a suitable residential home for you).

Fitzhugh Gates Solicitors Comment

More and more we come across the situation where family members contact us because they are facing mounting unpaid bills and care fees, unable to pay these because they have no access to their parent's or spouse's bank accounts or investments, or who disagree with the medical profession or social services about proposed treatments or care arrangements.

If no Power of Attorney is in place, the only option left to them is an application for Deputyship to the Court of Protection which is a lengthy and much more complex process, and the costs are substantially higher than those for setting up a Lasting Power of Attorney.

If you decide to have a Lasting Power of Attorney prepared, it does not have to be used immediately. We can simply store it for you, so it is available, should it ever be needed. Please contact our Private Client Team for further information and advice.



Important guidance on articles published by Fitzhugh Gates Solicitors

Articles published through this website contain only general advice and are not intended as professional counsel and should not be used as such.

If you require specific advice on a particular issue or problem highlighted by this article, then please contact Fitzhugh Gates, the Solicitors for Brighton and Hove and Shoreham-by-Sea. 

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