A Power of Attorney allows an individual the opportunity to name one or more people as who they would like to be responsible for making important decisions should the individual themselves become incapable to do so due to poor health or mental illness. Loved ones are often named so that an individual has peace of mind that, in the event they lose mental capacity or suffer poor health to the point of being unable to make decisions, then people they trust are in charge of important decisions on their behalf.
There are two kinds of Power of Attorney:
1. Health and Care Decisions
A Health and Care Decisions Lasting Power of Attorney allows you to name Attorneys to make decisions about your healthcare, treatments and living arrangements if you lose the ability to make those decisions yourself. This document will only ever become effective if you lack the mental capacity to make decisions for yourself.
If you cannot communicate your wishes, this could result in you being admitted into a care home when you may have preferred to stay in your own home. You may also be subject to medical treatments or be placed in a nursing home that were not, necessarily, in accordance with your wishes. This is when your attorney, appointed by the Lasting Power of Attorney, can make decisions on your behalf.
2. Property and Financial Affairs
A Property and Financial Affairs Lasting Power of Attorney allows you to name Attorneys to deal with all your property and financial assets in England and Wales. The Lasting Power of Attorney document can be used when you have full mental capacity. You can place restrictions if you wish to be used only in the event you were to lose mental capacity.
We can deal with the whole process for you, from drawing up the Lasting Power of Attorney, notifying anyone who needs to be informed, acting as Certificate Provider and registering it with the Office of the Public Guardian.
Our services include:
- Detailed consideration of your wishes and preparing the Lasting Power of Attorney to reflect your wishes.
- The appointment of a person you trust to make these decisions on your behalf.
- The certification of the Lasting Power of Attorney – which confirms that the person making the Lasting Power of Attorney has the mental capacity to do so.
- Registration of the Lasting Power of Attorney with the Office of the Public Guardian.