Wills & probate myth 12 – If I do not have a lasting power of attorney (LPA) and I lose mental capacity, my family will be able to help me.

23rd December 2013

Marie Tisdale of Ansons Solicitors wills and probate team in Lichfield, Staffordshire, explains: “This is not always true.”

Your family will only have limited powers to act on your behalf. If you do not have an LPA, your family will only be able to assist with any bank or building society accounts they hold jointly with you. Beyond that their powers are very limited because they do not have any legal authority to manage your property and affairs. In this instance your affairs will remain in limbo.

To gain authority someone has to make an application to the court to be appointed as your deputy to act on your behalf. This may not be who you would have chosen to help you and the court application can take a number of months.

To save time and costs you should prepare a property and financial affairs lasting power of attorney now. You will have the peace of mind of knowing who will help you should the need arise.

For further, please contact Marie Tisdale in the wills and probate team, on 01543 267981 or email Ansons Solicitors has offices in Cannock and Lichfield, Staffordshire.