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Powers of Attorney

Making Powers of Attorney

Although everyone with assets who is aged over 18 should make a Lasting Power of Attorney (LPA) for financial decisions, and also separately for health and care decisions, it is often something you think about only as you get older, especially if you have family or friends who have become mentally incapacitated.

Although you can fill in LPA forms yourself online and without legal suppport, our clients benefit from our advice about how best to structure their LPAs, and we include important additional safeguards. LPAs confer very significant potential authority on third-parties.

Business owners usually have different considerations and legal advice is valuable and worthwhile.

In all cases, full understanding of the authority being granted and complete trust of the appointed individuals are essential.

Acting as an Attorney

When you are making your LPA we will discuss what your attorneys can and can’t do, your wishes and any concerns that you may have. You must trust your attorneys and they need to have the necessary abilities and time to support you.

If you are acting as an attorney we can give you advice so that you understand your legal duties and responsibilities. You must always act in accordance with the Mental Capacity Act and in the best interests of the person who has appointed you. You will be legally liable for your actions as an attorney, and being ignorant of the Law and the rules is no defence.

Living Wills

An Advance Decision is often called ‘a Living Will’ and is an important legal document. An Advance Decision is a legal ‘right to choose’ and not a ‘right to die’, or ‘a right to life’.

There may be specific situations where you want someone to refuse treatment on your behalf and to have certainty that your wishes won’t be ignored. We advise you on your options.

This is different to a a health and welfare LPA attorney who is a ‘proxy’, someone to step into your shoes and make decisions in your best interests as they consider them, at a time when you lack mental capacity.