Roach Pittis Solicitors
Don't be daunted by
Power of Attorney
By Ian Bradshaw
You don’t have to give Power of
Attorney; you can always let a stranger
make decisions for you – that is a
possible consequence of not making
one!
The prospect of creating a Lasting
Power of Attorney (LPA) is often a
daunting one. The idea of appointing
another person to make decisions
about how we live our lives is
sometimes enough to discourage a
person from the outset.
Creating a Power of Attorney is not
an admission that a person cannot
cope, nor evidence that they are unable
to make decisions for themselves.
Often the reason people will resist
such an arrangement is because they
perceive it as a loss of control over
their own affairs.
The reality is that when you make an
LPA you retain control over all aspects
of your life. You have not relinquished
control over your finances nor have
you given your attorney carte blanche
to dictate how you live.
By creating an LPA you have in effect
appointed a person to ‘step into your
shoes’ and act as you instruct them.
Provided you retain your capacity
there is no loss of control or power
and you can revoke the LPA at any
time should you wish. It is only if you
lose your ability to make decisions for
yourself that an attorney takes over a
full decision making role.
The Mental Capacity Act 2005
sets out key principles that must be
followed. These include the following:
Every person is assumed to be able to
make their own decisions unless it is
proved they cannot.
Just because an individual makes
what might be seen as an unwise
decision, they should not be treated as
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unable to make that decision. In other
words your attorney cannot overrule
you while you have the ability to make
your own decisions.
Anything done or any decision made
on behalf of a person who is unable
to make their own decisions must be
done in their best interests.
If you have not made an LPA then
you may not have made advance
decisions about what happens to you
should you lose your capacity. In the
circumstance you are unable to make
your own decisions then the Court
of Protection will appoint a Deputy
to act on your behalf which is not
something you have control over.
Herein lies the crux of the matter,
a Court appointed Deputy is not
necessarily someone you would choose
to administer your own finances. An
LPA is preferable for the simple reason
you choose who is empowered to act
in the circumstance you cannot.
Any person of any age over 18 should
consider making an LPA. If you have
a young family, or if you participate
in sports, or if you have a job which
places you in harmful or stressful
situation, or if you have significant
investments you might consider
making one. If nothing else it is an
effective insurance against unforeseen
events.
Roach Pittis Solicitors
62-66 Lugley Street,
Newport PO30 5EU
01983 524431
www.roachpittis.co.uk