Solicitors in Leeds

FAQS about Lasting Power Of Attorney

When elderly or ill people approach a point in their lives in the future where they know they may lose the ability to make their own decisions (principal) it will become necessary to appoint a trusted person under a Lasting Power of Attorney to make decisions on the principal’s behalf (attorney). The attorney will make decisions for them in relation to all their affairs, including financial and healthcare matters.

Choosing an Attorney

If possible the principal should appoint the attorney they want to make the decisions for them. They should  do this before they lose mental capacity.

Because the person granted the power of attorney will be entrusted with significant powers it is best to appoint a trustworthy family member or close friend. If no one is found or willing to take this position then appointing a professional person such as a doctor or lawyer is recommended. Reliability and honesty are the key characteristics of an attorney as decisions will be related to the management of the principal’s estate, how money is distributed, and issues regarding health matters.

The Power of attorney document

The Power of Attorney document can be granted to one or more people and must be registered with the Office of Public Guardian to enable those decisions to be carried out by law. The reason more than one attorney can be appointed is to reduce the likelihood of the power being abused. Under a LPA the Attorney can make all decisions on behalf of the Principal including decisions relating to healthcare and financial matters.

Terminating a power of attorney

The only way a power of attorney can be nullified is by using a deed of revocation.

It is possible on the other hand to cancel an “ordinary power of attorney” at the request of the principal, after a relevant specified period comes to an end or by using a deed of revocation.

If the principal becomes unable to fulfil his duty as an agent at any time the power of attorney will be taken away automatically.

Making the right choice when it comes to making a power of attorney is vital. This is because serious decision making abilities are granted. Legal advice should therefore be sought when considering creating an attorney document.