Considerations and Alternatives

Giving Power of Attorney to trusted individuals is a way to ensure that your wishes are upheld if for any reason you lose the mental or physical capacity to carry them out. It is a subject that is difficult to give consideration to, however the result of not having this type of provision in place leads to an unfortunately long and difficult process to appoint a Deputy through the Court of Protection who can assume responsibility for a person’s affairs. For this reason the creation and registration of a Lasting Power of Attorney is a decision that offers certainty to both you and also to those around you.

Registration and Scope

Any adult can create a Lasting Power of Attorney providing they are deemed capable of doing so. Once created, a Lasting Power of Attorney must be formally registered in order for it to be valid and functional. During the process of creating the document you can specify any particular restrictions or considerations that are to be included. There are two different Lasting Powers of Attorney, one relates to property and finances and one relates to health and welfare, if you want to grant authority to your attorneys to manage both you will need to complete both Lasting Powers of Attorney. A Lasting Power of Attorney can be given to a number of people if the donor wishes or just one person. It is therefore often the case that there is more than one person appointed. Once formalised the donor still has responsibility for making their own choices, unless they reach the stage where it is not possible for them to do so, after which the responsibility passes to the nominated Attorneys.

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