Why would someone need an LPA?
Unfortunately, some people reach a stage where they are unable to make decisions because they have lost the mental capacity to do so. Mental capacity is said to be lost when a person can no longer understand and retain information to make a clear decision. Therefore, an LPA must be appointed before all mental capacity is lost, to ensure their wishes are best reflected once they are gone.
Agreeing to be an attorney
An attorney’s responsibilities will be outlined in the LPA documentation. It will define what kind of decisions the attorney is authorised to make and under what circumstances, although it typically comes into effect when the donor no longer has the mental capacity to make decisions for themselves.
Before you appoint someone as Lasting Power of Attorney, or if you’ve been appointed by someone already, it’s always important to remember that this role may involve making some difficult decisions with regards to healthcare and finances.
Your authority as an attorney
Many people mistakenly believe that a LPA gives someone unlimited power to make decisions on behalf of the donor, however, this is not the case. An attorney can only make decisions with regards to what has been specified in the legal document.
Although you can be appointed as an attorney for a health and welfare LPA as well as a property and financial LPA, you cannot make decisions on both if you have only been appointed as an attorney of one of these categories.
How can we help
We will guide you through the process of creating a valid Lasting Power of Attorney and help you construct a document that accurately reflects your wishes. This includes: Helping you understand the different types of powers that can be given to attorneys through a Lasting Power of Attorney, advising you on how best to structure your Lasting Power of Attorney document and helping you choose the right attorney for you.
We have deep knowledge and significant experience in will writing and trusts including discretionary trusts, bare trusts, interest in possession trusts and settlor interested trusts as well as lasting power of attorney – both health and welfare LPA and property and financial LPA; please feel free to get in touch today.