What happens when an unmarried individual lacks the mental capacity to make their own choices. Normally, it falls to their next-of-kin, which could be parents if they are alive, or children, or failing that then a brother or sister and so on. Whoever it is will be called on to make important and maybe difficult decisions.

So without an LPA in place it is quite possible that a relative who is unclear of the wishes of the individual concerned is left to make very important decisions on their behalf.

For an unmarried individual without an LPA, the process of selecting who is to make decisions on their behalf should they lose mental capacity is out of their control, to a certain degree.

What’s different between an unmarried couple without an LPA and a married couple or civil partners without an LPA?

For a married person or civil partner, the next of kin is always their spouse or civil partner. This is straightforward as the decision making will vest in them. It is still advisable to have an LPA in place to allow the individual to retain control over who should be given decision-making powers on their behalf. Importantly, it gives an opportunity to select additional people to act as an attorney and the also option to name replacements in the event that an attorney is unable to act.

A partner who is not a spouse or a civil partner will not normally be ‘legally’ able to make decisions, on behalf of their partner in the event of lost mental capacity.

How does having a personal welfare LPA help?

By having a personal welfare LPA an individual can dictate who is to make decisions about them, should they lose mental capacity. They can name their unmarried partner as an attorney with the requisite legal authority. Thus a personal welfare LPA gives an unmarried couple the opportunity to put themselves in the same position as a married couple or civil partners in relation to the decision making in the evnt mental capacity is lost. So it can help to remove the a layer of uncertainty and vulnerability that can affect an unmarried individual later in life.

When should I make an LPA?

It can be too late to make an LPA. That’s because an LPA can only be drawn up whilst still mentally able to do so. Once a person is deemed to be mentally incapable it is just too late to do it. At this stage the normal recourse is through the courts which can be stressful and expensive.

If you would like to arrange a consultation please call Bill Ryan on 01225 582582 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.Similar Posts:

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