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You can make these arrangements at any age. We’ve been advising people about protecting their interests in this way for decades. A ‘vulnerable’ person does not necessarily lack the mental capacity to understand the implications of making an LPA and you can continue making your own decisions for as long as you feel able.
An Attorney can only make decisions after the document has been registered but aside from giving you confidence that your affairs will be managed with your needs in mind, there are cost benefits in making an LPA. If you do not have a Power of Attorney in place and lack mental capacity it is no longer possible to grant a Power of Attorney.
In those circumstances, the Court of Protection would need to appoint a Deputy to look after your interests. This may not be the person you would have chosen if you had the choice and dealing with the Court of Protection can be a more costly, complicated and a lengthier process than granting a Power of Attorney.
It’s important that, whoever you choose as your Attorney, they are someone you trust and is aware of your wishes. It’s equally important to appoint an Attorney who is competent – if they can’t manage their own affairs very well it’s unlikely they will be able to look after yours.
Most people choose family members, but it is also possible to appoint a professional person such as a solicitor. Our individual expertise is recognised by Solicitors for the Elderly and the Society of Trust and Estate Practitioners (STEP). We will work with you and your family to ensure you have confidence that things are being done correctly to give you certainty and peace of mind at a time when you need it most.