If I was in a car crash and lost capacity, who can make decisions for me?

July 31, 2018

I think that most drivers and passengers can definitely say that they have either been involved in a car crash or involved in a near miss more than once in the pass ten years.  Government statistics state that 176,500 people where injured in car crashes during 2017 and 27, 130 died or where seriously injured. 

 

The figures are extremely scary but as every person in the world will state, “it will never happen to me”. Unfortunately, it could happen to you and this is only one of the many ways that a person can lose capacity. 

 

A person who loses capacity and doesn’t have a Lasting Power of Attorney (LPA) must be protected by the state because they can’t make any decision for themselves. 

 

This leaves family members confused and disadvantaged, their powers to care for a person without capacity are extremely low, including accessing joint bank accounts. A potential Attorney (Known as a deputy), must apply to the Court of Protection to be grant the ability to make decisions on behave of a person; a lengthy and expensive process.  

 

Luckily, there is a clever solution, LPA’s. 

 

There are two types of LPA’s: 

 

Property and Financial Affairs - Gives the Attorney power to manage both of these assets until you have recovered. 

 

Health and Welfare - Ensure doctors can’t make decisions without including the Attorney in the process and ensure your care is at a level your require. 

 

LPA’s are easy to set up and a lot cheaper than applying to the Court of Protection, they are the smart person choice. 

 

For More information please call 01273 839533 or visit our LPA page at www.bluecoatwills.com

 

 

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01273 839533

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West Sussex

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