Just a Normal Part of Life Planning
In this blog I aim to normalise Lasting Power of Attorney decision making and place it in the context of general life planning. I will touch on why LPAs aren’t in place for the vast majority of us and end, as ever, with a call to action.
There are two types of LPA, one covers Health and welfare and the other Property & Finance, details of which are covered more in blog 1 and blog 2 Business LPAs form a third category, however whilst drafting a Business LPA requires specific thinking and questioning the application follows the same process as the Property and Finance LPA (LP1F )
LPAs: part of general life planning
Planning & queuing, we are good at these sports apparently. Planning starts from when we are born and whilst it is common to talk about a birth plan most are more uncomfortable talking about plans in the later part of our lives. So, what could be considered as life planning and can we get better at doing LPAs if we view it as another part of life planning? Maybe sorting LPAs is not an exciting thing to do but it certainly matters, you don’t know when it might be needed but is great to have – just like insurance.
Thinking about planning I came up with a list, I am sure is not exhaustive and fully appreciate the point of privilege and assumption I am writing from.
Birth Plan
Preferred place
People to be present
Preferred pain relief option
Music
School/Education Plan
Primary
Secondary
Exam choices
University/apprenticeship/job
Family Planning
Wen not to have a baby
When to have a baby
From adulthood these are typical plans many of us will make
Career planning
Family planning
Birth planning
Financial planning/budgeting
Health planning
Organ donation choices
Digital legacy planning
Pension planning
For many becoming parents triggers more planning
Will
Lasting Power of Attorney
Guardianship of children
Did you spot it? LPAs just slotted in to ordinary planning. LPAs should be a part of everyday, normal life planning; not something associated with age or illness.
To complete an LPA you have to have capacity meaning that in the event of a sudden accident this opportunity could be lost – it will simply be too late. It is a common misconception that your next of kin (NoK) have automatic rights to talk for you, but this is not the case. Without a nominated attorney identified in a Lasting Power of Attorney your NoK will need to apply to the Court of Protection for Deputyship – this is a lengthy and costly route to gaining the right to speak for you. A high-profile current example is the challenge that Kate Garraway is facing following her husband’s illness and hospitalisation with COVID19:
“Kate Garraway opens up on the “financial mess” she faces as Dereck remains in hospital:
Speaking on Good Morning Britain on Monday, Kate said: “One of the practical problems - which a lot of people would’ve experienced if they’ve got the absence of someone in their life - like many things the car is entirely in Derek’s name, the insurance is in Derek’s name, a lot of our bank accounts.
There are a lot of financial goings that I’ve talked to you both about going on, which is making life very complicated because I can’t get access to things.”
Kate continued to reveal the problems she is facing: “Because legally I haven’t got power of attorney. And all this other stuff that goes on when you’re dealing with a situation where someone’s been sick for a long time.
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Normalising LPA discussion needs to start with raising public awareness, this needs to include what an LPA is, why it is important and how to complete one. Evidence presented in blog 3 demonstrates that less than 1% of eligible adults have an LPA in place and that the main barriers for this is are attitudinal and emotional. In general people either have not heard of LPAs or, if they have, think they don’t need one just yet.
Key points
Lasting Power of Attorney is the only way you nominate someone to talk for you if you lose capacity through ill health or accident
There are two types of LPA; one for Health & Welfare & one for Property & Finance
Without an LPA your NoK will need to apply to the Court of Protection to be nominated as your Deputy
LPAs fit into general life planning, just like organ donation, financial planning, and wills
You can’t do an LPA too early but you can leave it too late
Have you nominated someone to speak for you?
Call to action
The closing call to action is simple and can be summarised in to three points:
Do you have all the information you need to make a decision about LPAs? If not contact me for any queries or use the OPG Make and register your lasting power of attorney: a guide
Have the conversation, talk to friends and family about LPAs, what matters to you
Complete your LPAs, don’t put off such an important part of life planning
I hope this blog sets LPAs in context of sensible life planning and demonstrates why they are important to complete. I set up www.speakformelpa.co.uk to raise awareness and educate as well as professionally draft LPAs and fingers crossed writing this is one tick in the Raise Awareness box.
I look forward to feedback and am particularly interested in discussion abound barriers to completing LPAs.