Safeguarding Your Future: The Power of Powers of Attorney
A Lasting Power of Attorney (LPA) allows you to appoint a person or people to make decisions on your behalf. There are two types of LPAs, one that covers financial matters and one that covers health and care decisions.
Once granted and registered, the LPA will generally be in place until you die, even if you lose your mental capacity. All LPAs are recorded on a national register which is kept by the Office of the Public Guardian (OPG). The OPG is the administration side of the Court of Protection, and as well as keeping the register, they can investigate any attorneys who may be abusing their powers.
Choosing the right attorney
Selecting someone to act on your behalf is an important decision which requires time and a lot of consideration. Trusting others to act in your best interests is crucial, ensuring they will prioritise your wishes, rather than imposing their own beliefs or assumptions.
The role of a lawyer
Speaking to a specialist lawyer, such as an Accredited Lifetime Lawyer, comes with many benefits. They’ll have extensive experience and can provide valuable guidance to ensure that the decisions made align with your desires.
They can also assist in incorporating additional provisions, which not only inform your attorneys of your preferences, but also serve as a reference for third parties, demonstrating what is genuinely in your best interests.
For example, specifying preferences to continue living in your own home for as long as possible, expressing desires regarding life-sustaining measures, outlining dietary requirements, and consulting with specific family members or friends.
The risks of a DIY LPA
While it’s possible to create an LPA yourself, it’s important to recognise the potential risks. It may result in oversimplification, failing to address your unique needs. It’s like being forced to settle for vanilla ice cream, when you require a low-fat, dairy-free alternative.
Lawyers undergo rigorous training and receive regular specialist education. Additionally, they belong to organisations like the Association of Lifetime Lawyers, which provide ongoing expertise and insights. As the former chairman of this organisation for two years, I can attest to the invaluable input it offers.
Powers of attorney are essential for safeguarding your future. By understanding the terminology involved and engaging the services of a knowledgeable lawyer, you can ensure that your wishes are respected and protected. Don't hesitate to contact one of our members who specialises in LPAs if you would like further information on their services.