People in Jersey are living longer than ever before. This is good news; however it does bring a multitude of problems. The number of those reported to have dementia has risen dramatically and Dementia Jersey have reported that at least 70,000 younger people (under the age of 65) in the UK now have dementia with £1,600 estimated to be living in Jersey. Dementia Jersey, along with the Government of Jersey have recently published a Dementia Strategy for the next 5 years outlining how dementia care and support will be approached in Jersey.
With this in mind, it is becoming increasingly important that you make clear what should happen in the event that you lose the capacity to manage your own affairs.
Lasting Powers of Attorney (LPAs) let you choose who should manage your affairs and make decisions on your behalf should you lose mental capacity. Making an LPA enables you to plan how your financial affairs, health and wellbeing will be looked after, just in case. Without one, your loved ones may not be allowed to take care of you the way you wish. Hence why making sure an LPA is in place as soon as possible is so important.
There are two types of LPAs that can be made. The first type of LPA deals with your personal property and finances and the second deals with your personal health and welfare.
Choosing who will manage your affairs
When making an LPA you will choose a person or persons to act as your attorney. You can appoint more than one person and you can provide for replacement attorneys in the event that your first choice cannot act for any reason.
If you lose capacity without an LPA in place, you miss the opportunity to exercise control over who takes on the job managing your affairs.
Avoid delay
A Lasting Power of Attorney should be considered by every Islander, young and old. Issues which impact on mental health can befall us all.
If you lose mental capacity without an LPA in place, your loved ones will need to apply to the Probate and Protection Division of the Royal Court for a delegate to be appointed to manage your affairs. Whilst in some cases this can be appropriate, LPAs have significant advantages over leaving the choice of delegate to the Court. If you lose capacity, there is likely to be a delay in which no one can deal with your affairs until a Delegate is appointed for you. This can put additional financial and emotional pressure on your loved ones during an already stressful time.
In contrast, once an LPA has been sent to the Royal Court for registration, it is usually a matter of weeks before the LPA is registered and the LPA can be used straight away.
Safeguards
Some people worry about the possibility of financial abuse by an attorney. Whilst they are not completely risk free, LPAs have built-in safeguards to minimise the risk. Firstly, your LPA needs to be witnessed by a member of a accepted profession who confirms that you understand the power that you are giving and that you are under no pressure to give it.
You can also name people in your LPA who you would like to be notified before the LPA is registered, in case they have objections. You also have the ability to state any preferences or instructions, which your attorneys ought to have regard to.
It is, however, important to remember that the greatest safeguard of all is choosing people you trust completely to act as your attorneys.
Practical benefits
Your attorneys can use your Property and Financial affairs LPA while you still have capacity, with your consent. This can be helpful if you are out of the Island and need someone to help with your affairs or, if you are physically incapacitated but still have the mental capacity to make your own decisions.
Above all, the benefits of having an LPA in place now is peace of mind. By making and registering your LPAs sooner rather than later, you remove a huge potential headache for your loved ones whilst having the comfort of knowing that if and when you lose mental capacity, the people you trust will be able to take care of your affairs straight away.
#dementiaJersey #GovernmentofJersey
People in Jersey are living longer than ever before. This is good news; however it does bring a multitude of problems. The number of those reported to have dementia has risen dramatically and Dementia Jersey have reported that at least 70,000 younger people (under the age of 65) in the UK now have dementia with £1,600 estimated to be living in Jersey. Dementia Jersey, along with the Government of Jersey have recently published a Dementia Strategy for the next 5 years outlining how dementia care and support will be approached in Jersey.
With this in mind, it is becoming increasingly important that you make clear what should happen in the event that you lose the capacity to manage your own affairs.
Lasting Powers of Attorney (LPAs) let you choose who should manage your affairs and make decisions on your behalf should you lose mental capacity. Making an LPA enables you to plan how your financial affairs, health and wellbeing will be looked after, just in case. Without one, your loved ones may not be allowed to take care of you the way you wish. Hence why making sure an LPA is in place as soon as possible is so important.
There are two types of LPAs that can be made. The first type of LPA deals with your personal property and finances and the second deals with your personal health and welfare.
Choosing who will manage your affairs
When making an LPA you will choose a person or persons to act as your attorney. You can appoint more than one person and you can provide for replacement attorneys in the event that your first choice cannot act for any reason.
If you lose capacity without an LPA in place, you miss the opportunity to exercise control over who takes on the job managing your affairs.
Avoid delay
A Lasting Power of Attorney should be considered by every Islander, young and old. Issues which impact on mental health can befall us all.
If you lose mental capacity without an LPA in place, your loved ones will need to apply to the Probate and Protection Division of the Royal Court for a delegate to be appointed to manage your affairs. Whilst in some cases this can be appropriate, LPAs have significant advantages over leaving the choice of delegate to the Court. If you lose capacity, there is likely to be a delay in which no one can deal with your affairs until a Delegate is appointed for you. This can put additional financial and emotional pressure on your loved ones during an already stressful time.
In contrast, once an LPA has been sent to the Royal Court for registration, it is usually a matter of weeks before the LPA is registered and the LPA can be used straight away.
Safeguards
Some people worry about the possibility of financial abuse by an attorney. Whilst they are not completely risk free, LPAs have built-in safeguards to minimise the risk. Firstly, your LPA needs to be witnessed by a member of a accepted profession who confirms that you understand the power that you are giving and that you are under no pressure to give it.
You can also name people in your LPA who you would like to be notified before the LPA is registered, in case they have objections. You also have the ability to state any preferences or instructions, which your attorneys ought to have regard to.
It is, however, important to remember that the greatest safeguard of all is choosing people you trust completely to act as your attorneys.
Practical benefits
Your attorneys can use your Property and Financial affairs LPA while you still have capacity, with your consent. This can be helpful if you are out of the Island and need someone to help with your affairs or, if you are physically incapacitated but still have the mental capacity to make your own decisions.
Above all, the benefits of having an LPA in place now is peace of mind. By making and registering your LPAs sooner rather than later, you remove a huge potential headache for your loved ones whilst having the comfort of knowing that if and when you lose mental capacity, the people you trust will be able to take care of your affairs straight away.
#dementiaJersey #GovernmentofJersey