The past year has been the most worrying year of many of our lives and certainly not one that many people would wish to re-live.

The constant concern about Covid and the relentless stress related to that has left most of us mentally weary and desperate for life to return to normal.

Now that the world is hopefully emerging from Covid and we are seeing life slowly returning to normal, the value of peace of mind has never been higher. Peace of mind can take many forms, whether it be for your own family, your business or even your own health and it is something that we perhaps take for granted and do not value until we do not have it.

In this country, we find it difficult to talk about death despite the fact that it is sadly inevitable. It is vital that, prior to your death, your affairs are in order to ensure that your family are taken care of and that an upsetting time is made as easy as possible for them. Leaving a Will ensures that your wishes for your estate and your family are clear. By having a Will in place, you provide peace of mind  for yourself and your family that they will be secure following your death.

Furthermore, as we are living longer, there has been a noticeable increase in the prevalence of diseases such as Alzheimer’s and Dementia which affect mental capacity. Thankfully, there are legal documents available known as “Lasting Powers of Attorney” whereby you can grant people of your choosing (your attorneys) the right to take decisions on your behalf if you are no longer able to do so.

There are two types of Lasting Power of Attorney (“LPA”):

  • Property & Financial Affairs LPA which allows your attorneys the right make decisions about:
    • Selling your house or dealing with other property you own;
    • Managing your bank accounts and other finances;
    • Managing your investments;
    • Dealing with any other matters on your behalf relating to your finances.
  • Health & Welfare LPA which allows your attorneys the right make decisions about:
    • Medical treatment for you;
    • Which care home you live in (if needed) and how you are treated in that care home; and
    • Making life-sustaining treatment decisions for you.

By having LPAs in place, it provides you with peace of mind that if you cannot make such decisions then  your attorneys will have the authority to do so. However, if you do not have LPAs in place then your next of kin will have to apply to Court for an order allowing them to make these decisions. This process is expensive, time-consuming and can be very stressful during an already stressful time.

Talking about death, Wills and losing mental capacity is never easy but in doing so you can ensure that you and your family have peace of mind that your affairs are in the best possible state when you do or if you lose mental capacity.

Peace of mind is priceless and should you wish to make or review your Will or create LPAs, please contact Ed Taylor at  ed.taylor@luptonfawcett.law or on 01904 561447 or Beth Pattison at beth.pattison@luptonfawcett.law or on 01904 561427 or any of the wider Private Client team in our Leeds or Sheffield offices.

 

Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.

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