The Importance of a Living Will: Protecting your estate against incapacity

by Jaci on November 2, 2009

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Do you have a living will? Have your parents or other older relatives made legal provisions for power of attorney? It’s a little-known fact that the Court of Protection can act on behalf of people suffering from dementia, mental illness or mental disability if they do not have a living will in place. This can cause unnecessary emotional distress and financial strain for the entire family at an already difficult time.

Officials from The Court of Protection are legally required to act on behalf of people who have not put lasting power of attorney in place. Lasting power of attorney, also known as a living will, ensures that control of a person’s precious assets is automatically passed to their nominated family or friends should they ever become incapacitated.

British Government has publicly stated that it advises everyone to put a lasting power of attorney in place, clearly outlining exactly who should look after their legal and financial affairs if they are unable to.

Estate Legacy Services can help you set up a legally-binding lasting power of attorney document which will safeguard your assets and protect your peace of mind.  Records show that only about 60,000 people have properly registered their lasting power of attorney documents. Don’t leave it until it’s too late. A lasting power of attorney is as important as a will.

Lasting power of attorney not only protects your assets and your emotional security in the event of accident or mental illness, but also works to protect your family, friends and carers. Without a legal document protecting your wishes, the courts will enforce a number of demands on your nearest and dearest, adding to the list of painful things they will have to attend to in the event of your incapacity. If your assets comprise a large settlement, the court may judge the process to be contentious and may even impose a court hearing which your key carers will be asked to attend as witnesses.

The best way to avoid the courts taking control of your finances and estate in the event of mental disability or illness is to create a legally-binding document which grants your chosen relative lasting power of attorney. They will then be legallyallowed to control your assets just as you would want them to.

Speak to Estate Legacy Services and get a lasting power of attorney or living will drawn up soon. We hope you’ll never need to use it, but it’s better to be safe than sorry. A living will, just like a regular will, gives you instant peace of mind.

Photo credit http://www.flickr.com/photos/nrek/1025293176/

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