There is a choice. There is no requirement for someone to make a lasting power of attorney. If they wish they may decide not to make one and let the stranger, their doctor, the social worker or the court they may have never met make decisions for them. It’s really their choice.
Making an LPA may be considered by some as comparable to obtaining a passport, buying personal insurance or making a will. It is likely that a person’s mental capacity will deteriorate with age, and may not in the future be sufficient to make vital or even everyday decisions regarding their health, welfare, finances and property. Should a person lack mental capacity in the future and not have the protection of an LPA, these decisions could be taken by a court appointed Deputy.
An LPA allows the donor, who may in the future lose mental capacity to make decisions, to instruct a donee or attorney (person granted authority) to make decisions on their behalf. An attorney acting under an LPA may be granted the power to make both financial and welfare decisions. The donor may specifically indicate what powers they wish the attorney to have and place restrictions on the use of these powers. The donor may also provide guidance as to how they would wish the LPA to be managed generally or specifically. The donor could appoint more than one attorney to manage different aspects of their affairs or appoint both a welfare attorney and a financial attorney to work in partnership with each other.
It’s about have that choice to appoint someone who knows the donor well and can promote the donor’s autonomy.
Craig Ward of Lundie, one of our solicitors wrote the Law Society’s textbook on Lasting Powers of Attorney. He is recognised as the countries leading expert on Lasting Powers of Attorney.
Why choose Linley James Solicitors
As part of making a Lasting Power of Attorney with us we’ll
- Review your financial situation to advise on points to consider
- Advise on long term care planning
- Review your will if you have one
All included in making your Lasting Power of Attorney
Call us now on 020 7060 1210 to make your Lasting Power of Attorney