Planning for later life care; how a lasting power of attorney can help

Last updated on December 20th, 2023 at 12:59 pm

What is later life care?

Later life care refers to the type of care you would like to receive in later life when you are no longer able to care for yourself. When planning for later life care, you should ask yourself what sort of care you want and how you can make sure you get that care.  For example, you might want care at home and require a domiciliary carer, or care in a dedicated care home, known as residential care. Domiciliary care includes pop-in carers, companions, or even live-in carers. Residential care covers care homes or dedicated nursing homes that offer 24/7 medically trained staff to assist with later life care, including medical needs.

Why should I plan for later life care?

By planning for later life care, you can ensure your loved ones know how you would like to be cared for when you are no longer able to look after yourself. This may include identifying that you would like to be cared for at home or in a nursing home, as well as stating how you would like to live and what social interactions and activities make you happy. A lasting power of attorney can help ensure your later life care wishes are honoured by giving those that you trust the legal authority to make decisions about your later life care.

How can a lasting power of attorney help me plan for later life care?

A lasting power of attorney can help you plan for later life care by giving loved ones the legal authority to manage your affairs should you no longer be able to do so. If you don’t have a lasting power of attorney in place, decisions about your care will be made by your local authority. There are two types of lasting power of attorney: one that covers health and welfare, and one that covers property and financial affairs. You can choose to make just one or both types of lasting power of attorney. Graysons’ Sheffield and Chesterfield solicitors can help advise you on which type of lasting power of attorney suits your needs best.

What is a lasting power of attorney?

A lasting power of attorney is a legal document that gives your appointed agent lawful authority to manage your affairs should you no longer be able to do so. Many people appoint a family member they trust as their agent.   Alternatively, a professional attorney may be appointed.  A lasting power of attorney can help you effectively plan for later life care by giving those you trust the legal authority to make decisions about your health and welfare, as well as your financial affairs. You can set up a lasting power of attorney at any point in your life, and many people opt to do it when writing their will. An experienced lasting power of attorney solicitor such as Graysons’ team of solicitors and advisors in Sheffield and Chesterfield will be able to help you set up lasting powers of attorney that effectively reflect your wishes, putting your mind at ease regarding later life care.

What are the different types of lasting power of attorney?

There are two types of lasting power of attorney, and you can choose to make just one or both at the same time.

• Health and Welfare Lasting Power of Attorney: This type of lasting power of attorney gives your appointed attorney or agent the legal authority to make decisions about your care when you no longer have the mental capacity to do so. This may include decisions about where you live and whether you should go into a care home, managing social activities, making decisions on any medical treatment you should have, deciding who you should have contact with, and handling personal correspondence. You can make a health and welfare lasting power of attorney to deal with all areas of your personal care or limit it to just certain aspects. A health and welfare lasting power of attorney must be registered before it can be used. However, it cannot be used until the person who made it has lost the mental capacity to make decisions about their health and welfare.

 

• Property and Financial Affairs Lasting Power of Attorney: This type of lasting power of attorney gives your appointed attorney or agent the legal authority to make decisions about your finances, including any property or other assets you may own. Depending on the scope of the property and financial affairs lasting power of attorney, your agent or attorney will be able to manage your bank accounts and investments on your behalf as well as any debts you may have, handle any welfare benefits that you may be entitled to, pay your bills, make tax payments, sell a property you own, or buy property on your behalf, as well as make limited monetary gifts. Like a health and welfare lasting power of attorney, it must be registered before it can be used, and you can specify that it should only be used when you no longer have the mental capacity to make decisions about your property and financial affairs.

 

Working with an experienced lasting power of attorney solicitor, such as Graysons’ solicitors in Chesterfield and Sheffield, will ensure that your lasting powers of attorney are correctly worded to reflect your later life care needs and wishes.

When should I set up a lasting power of attorney?

You should set up a lasting power of attorney when you still have the mental capacity to do so. Many people choose to set up a lasting power of attorney when writing their will. This gives peace of mind that not only will your estate go to your chosen beneficiaries, but also that your later life care will be managed according to your wishes and that decisions will be made by loved ones or a professional attorney who you trust. If you do not have lasting powers of attorney in place, your later life care needs may be managed by your local authority. Graysons’ solicitors in Sheffield and Chesterfield can help you put in place lasting powers of attorney that accurately reflect your later life care wishes.

How do I register a lasting power of attorney?

Before a lasting power of attorney document can be used it must first be registered with the Office of the Public Guardian. It can take several months for a lasting power of attorney document to be registered, and any mistakes on the legal documents can delay the registration and be costly. Graysons’ solicitors in Chesterfield and Sheffield will be able to ensure that documents are accurately drafted and register lasting powers of attorney on your behalf.

How can Graysons’ solicitors in Sheffield and Chesterfield help?

Graysons’ solicitors in Sheffield and Chesterfield are one of the most respected and established firms of solicitors in South Yorkshire and North Derbyshire. We boast a dedicated team of expert lasting power of attorney solicitors and will writing solicitors and advisors who will be able to advise and guide you on planning for the future, including later life care. Contact us today.