If a resident of a care home does not have a power of attorney in place then no-one has legal authority to manage their financial affairs and care decisions. This can create problems settling care fees as no one has the authority to access the resident’s finances.
Enduring Powers of Attorney (EPA)
If the resident does have an EPA in place, then their attorneys can act with the resident’s permission whilst the resident still possesses mental capacity.
If the resident starts to lose mental capacity, then the document must be registered with the Office of the Public Guardian before the attorneys can continue to use them.
Lasting Powers of Attorney (LPA)
There are two types of LPAs, one relates to finances and the other to care. An attorney can only exercise their power on behalf of a resident if the document is registered. Additionally, care decisions can only be made if the resident has lost mental capacity.
It is imperative to check if the document is correctly registered before attorneys can make decisions.
Today I held an informal discussion with the staff at Sunnyside Nursing Home about the benefit of LPAs and Wills for staff and residents alike. We talked about being proactive rather than reactive when it comes to estate planning. To book a free information session for care home staff, residents or families email me at pkb@austenjonessolicitors.co.uk.
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