Who do you trust?

Hopefully you read my article recently in this magazine regarding Lasting Powers of Attorney. For those of you who may have found it of interest I take this opportunity to explain further as to the type of Lasting Power of Attorney that can be provided.

There are two types – Property and Finance, and Health and Welfare. A Property and Financial affairs power enables your chosen Attorney to make financial decisions; it could be used if you’re physically or mentally unable to make decisions. Your Attorney could deal with your savings and investments, pensions and liabilities, they may even sell your home which of course might be necessary so you could buy a suitable property.

A Health and Welfare Power enables your chosen Attorney to make decisions about your welfare such as where you live and healthcare such as treatment and medical procedures – it could extend to refusing life-sustaining treatment on your behalf. This power, unlike the financial power, can only be used when you are mentally unable to make decisions.
Lasting Powers have some special safe guards; you choose someone independent to provide a certificate confirming you understand the power and aren’t being pressured into making it. It could be someone who knows you well or a specialist professional such as solicitor or doctor who will be familiar with the role; it can’t be a member of your family or your Attorneys’ family.

“Choose an attorney who will look out for you”

The power must be registered with the Office of the Public Guardian before it can be used. That office can investigate concerns about how the Attorney makes decisions and so provide some insurance to protect you from abuse. You choose people to be told about the power when it is being registered so they can raise any concerns which they might have; you can choose absolutely anyone providing it’s not your original or replacement attorneys, perhaps a friend, your doctor or a work colleague but make sure it is someone you know will look out for you, as your Attorney must make decisions in accordance with the Mental Capacity Act and follow its code of practice, in particular when making decisions which must be in your best interest and not theirs.

If you would like further information or advice
On this subject, please contact Susan Peck Healys LLP
(01273 685888) susan.peck@healys.com