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COVID-19: Should I Make a Lasting Power of Attorney? | HK News

COVID-19: Should I make a Lasting Power of Attorney in case I have to go in to Hospital?

| Published on April 3, 2020

At Humphries Kirk we have received a marked increase in the number of enquiries surrounding Lasting Powers of Attorney.

Lasting Powers of Attorney come in two separate parts (Property and Financial Affairs and Health and Welfare) and we would always recommend that you prepare both if you can.

You don’t need a Solicitor to prepare a Lasting Power of Attorney for you but we would always recommend that you do. We will assist you with putting the correct powers into the LPAs to enable your attorneys to (amongst other things):

  • Use an investment adviser to manage your assets (without specific power in the LPA an adviser may decline to take instructions from the attorney).
  • To see a copy of your will, which can prevent arguments after your death.
  • To obtain your medical records (which is not automatically permitted by simply executing an LPA).
  • See guidance that you have provided regarding life sustaining treatment (which otherwise may have been recorded in a Living Will or Advance Decision).
  • See your views on being kept in your own home for as long as possible or if not possible, which care homes you prefer.

This list is by no means exhaustive but includes some of the most common additional powers and guidance that we add to our client’s LPAs.

At Humphries Kirk we are also there to give guidance to your attorneys, who will most probably not acted as someone’s attorney before when the time comes to actually use the LPAs.

Adam Scott, a Consultant Solicitor with Humphries Kirk LLP comments that:

“People often tell me that they are ‘too young’ to need a Lasting Power of Attorney (LPA) but the point which is missed is that you have to have the capacity to make an LPA, if you don’t have the requisite capacity then it is too late. It also takes many weeks to register an LPA and so it is much better to have one in place now, as an ‘insurance policy’ in the hope that you won’t need it but to give you and your loved ones peace of mind if you do.”

If you want to learn more about Lasting Powers of Attorney and their benefits Adam can be contacted for further advice on 01202 421111 or by email at a.scott@hklaw.eu.

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