Many people believe that if they lose capacity, their spouse or family automatically has authority to deal with their finances, property and health and welfare matters. However, that is not the case. In order for the family to have decision making authority a Lasting Power of Attorney is necessary.
We recommend making this arrangement alongside the will to avoid problems later and for an added degree of assurance. If you do not have a Lasting Power of Attorney in place, your family will not be able to deal with your assets should you become incapacitated unless they obtain a deputyship order from the Court of Protection; this can be expensive and can take time.
