One relates to property and financial affairs (the handling of money and property) and the other deals with an individuals personal health and welfare issues (where you live, dealing with medical issues and life sustaining treatment, how you dress and so on).
Imagine not being able to manage your finances whether through mental or physical incapacity? Life for those around you will suddenly be doubly difficult to help you. So why not make it easy for them and appoint the people now that you trust to act for you should this situation arise.
Without Power of Attorney in place, a friend or family member will have no choice but to apply to the Court of Protection to be the Court’s Deputy. This is a long drawn out process, it is a far more expensive process to follow and should ideally be avoided. A Court of Protection Deputyship should be considered the last resort, and don’t forget that the appointed Deputy will only have limited powers, far less than an Attorney would have under a Lasting Power of Attorney.
We all want to ‘do the right thing’ and having a Will and both Lasting Power of Attorney in place is clearly just that.
will allow your trusted Attorney(s) to manage your money, pay bills, discuss and deal with your investments for your exclusive benefit whether you have lost either physical or mental capacity. So if you can’t get out of the house (for whatever reason) you can still make all of the decisions, meaning your Attorney(s) are at your disposal to carry out your wishes. In a lot of cases, your LPA will simply ‘legalise’ what your family/friends may already be doing for you and avoid them getting into trouble. Definitely a good move!
will only come into operation IF you cannot make your own decisions. So whilst you can say what you want, it is not needed. If however you were on life support, it allows your Attorney(s) to speak for you and carry out your wishes. It will also allow your Attorney(s) to override Social Services in the case where the State may want to enforce a Deprivation of Liberty Order on you and steer you into a care home. The same goes if a decision is needed to be made about maintaining life support (or not) in the event you were unlikely to return to a quality of life that you would want to continue with. Powerful responsibilities then that you are putting in the hands of your trusted Attorney(s). Sooner the people you trust than someone employed by Social Services? Clearly something for you to think about.