If you are considering nominating someone as your attorney via a Lasting Power of Attorney (LPA), you may need a solicitor in one of four contexts.
1. To be your attorney
2. To draft your Lasting Power of Attorney and register a Lasting Power of Attorney
3. To register an Enduring Power of Attorney
4. When deciding whether an individual is unable to make decisions for themselves and that an LPA should come into effect.
A Lasting Power of Attorney gives an individual of your choosing, called your attorney, the power to make decisions on your behalf when you are no longer mentally capable of making these decisions for yourself. When you are drafting a Lasting Power of Attorney you can choose to draft a Health and Welfare Lasting Power of Attorney or a Property and Financial Affairs Lasting Power of Attorney, or both. Each deals with a different set of decisions. Health and Welfare decisions are linked to care, medical treatment and daily routine whereas Property and Financial decisions are linked to your home, property, land and money.
When you are choosing an attorney you should think very carefully about your decision. Your attorney should be someone you know well, and trust fully. You should never feel coerced or pressured into the decision you make. Also a Lasting Power of Attorney can only be drafted when you can are mentally capable to fully understand the decision you are making and the powers you are giving the individual.
Commonly attorneys who are chosen for an LPA are: close friends, family members, a partner or an individual in a position of power and trust – such as a solicitor. You can have one attorney or you can have multiple attorneys. Your attorney will have to make all their decisions with your best interests in mind. To do this they will have to consider your past decisions, your wishes and potentially will consult with your friends and family on matters.
An attorney cannot make decisions on an individual’s behalf until they have a reasonable belief that the individual has lost the ability to make decisions on their own. This can be a complicated judgement call to make, and sometimes it will be necessary to consult with a solicitor or a medical professional. Also it may be that an individual is still capable of making some decisions and not others.
Law firm in Birmingham – Roskell Davies can help you with all aspects of your Power of Attorney. For a completely free initial consultation call us on 0800 142 2901 or fill in an online enquiry.