How you the Lasting Power of Attorney can save you thousands of pounds and reduce uncertainty for your loved ones - lets see how. When required, the LPA is as important as the last will and testament. Every now and again there is a headline in the newspapers along that runs something like "Secret court seizes 3.2bn from elderly...and even forces furious families to pay to access own bank account", predictably, there is a spike in the number of people calling their solicitors or estate planners expressing concern regarding their own financial and healthcare affairs and seeking information on the best way to protect their families from the unnecessary hassle of deal the courts if it can be helped. This write up would look into the benefits of the power of attorney and how it can guard against uncertainty.

The question is this "" in the event that you were unable, on account of illness or injury to make decisions for yourself, whom would you want to make decisions on your behalf "" one of your kith and kin whom you trusted,or on the other hand officers appointed by the courts "" at not inconsiderable cost.

The lasting power of attorney is designed such that the person granting the power (the donor) grants the power to specific people usually a spouse or other relative, and the important question is that the donor is aware of what he or she is doing. That the donor has his mental faculties about him is a prerequisite for granting the lasting power of attorney. The lasting power of attorney is a relatively simple document which can be drawn up when making a last will and testament "" like most things it is best left to someone who is experienced in these matters. A competent adviser would when drawing up the last will and testament, would offer advice on the selection of attorneys, act as certificate provider and complete all the necessary formalities including the correct procedure for registration.

Contrast being able to draw up a lasting power of attorney when one is able to articulate one"s thoughts with: if you become unable to look after your own affairs, your relatives can apply to the Court of Protection to be appointed your Deputy to deal with your financial affairs on your behalf. However, this is a lengthy costly and emotionally draining process. As the donor is unable to state his or her understanding of the power being granted, the procedure in seeking to protect the donor has become very drawn out and cumbersome.

In the event your relatives are successful in being appointed a Deputy there are annual supervision fees of up to 800. It is likely that their authority will be restricted and you still need to apply to the Court to make certain decisions, with another application fee to be paid. Additionally, it is almost impossible to be appointed to act as a Deputy in relation to someone's personal welfare. This leaves those important decisions such as healthcare and where the person should live, to the Social Services or Healthcare professionals to decide. The result of this is that a loved one could end up in a care home that you would not want or even worse being refused access to residential care and being left without care and assistance.

When explained in such clear fashion most people would rather spend the extra half hour involved in drawing up the power of attorney will the professional drawing up the power of attorney in the hope that it would never be needed than leaving things to chance and be caught out should such powers be required.