A lasting power of attorney, or LPA, is a legal arrangement which ensures that you or a loved one’s best interests are assured in the event of incapacity. In the case of COVID-19, this is an unpredictable disease which affects one person entirely differently from the next. With young fitness fanatics being ventilated and others completely asymptomatic, it’s impossible to tell how any individual will fare if they test positive for Coronavirus. The current threat of the Indian variant, the possibility of a third wave and a race against time to get the UK population vaccinated means that the most sensible of us will be seeking LPA advice.
Our team of LPA solicitors in Essex are available to arrange lasting power of attorney or deputyship orders depending on your circumstances. If you’re over the age of 18 years old, you can appoint one or more attorneys to either help you make decisions or make decisions on your behalf. It is critical that you have mental capacity at the time of making your LPA, to deem this process legal.
Our Lasting Power of Attorney Essex solicitors can assist you in making either, or both, of the following LPAs: Property & Financial Affairs, and Health & Welfare. The first determines who is in charge of handling the distribution of your property and financial affairs in the event of your incapacity. The latter is concerned with making decisions about your healthcare, including the types of treatment you are offered during COVID-19 or any other health condition you might experience.
If you or a loved one doesn’t arrange LPA legal advice, this can cause undue stress for friends and family who are left trying to juggle bills, investments and insurance policies.
Taking TV presenter Kate Garraway as an example, her husband Derek Draper tested positive for COVID-19 back in March 2020 and he has required 24/7 medical care ever since, whilst remaining in an unstable state. Garraway reports that her husband is named on most of their financial affairs, and he doesn’t have an LPA in place. This has made it incredibly complex for her to handle their finances and even access various investments in his name.
Although it is possible for Lasting Power of Attorney solicitors to apply to the Court of Protection for a deputyship order, this is often not a quick process and also requires a test of mental capacity to determine that the individual is not fit to make their own judgments.
In the case of Derek Draper, along with numerous other COVID-19 patients who are still suffering from the uncertainties of this disease, it is difficult to carry out a mental capacity test whilst there are still ongoing investigations into the impact on cognitive health.
The government confirms that it is still possible to make an LPA now, so long as you follow the current guidelines on self-isolating and social distancing as required.
To gain valuable LPA advice from our experienced team, please contact Hook & Partners today by calling 01268 692 255 or email email@example.com.