Bob Cullen has written articles about Wills, Trusts and Lasting Power of Attorney that have been published in magazines for other professionals. Here he explains the principles behind Lasting Powers of Attorney. Bob provides a comprehensive service including ensuring that your attorneys are informed as to their duties and receive information and advice as to how they should discharge them. Bob is available to you and your attorneys, without further charge, for six months following completion to help with any queries that arise.
Get in touch via our Helpline today if you would like to make an enquiry.
If you are considering making a Lasting Power of Attorney, you may be concerned that you will be handing authority to other people who can then simply take over your affairs. That is not the case, as these details will explain. Decisions made by Attorneys should, as far as possible, be those the person would have made had they been able.
You can include instructions and preferences that reflect your personal views about how your affairs should be administered or how you want to be cared for. We all understand how important it is to have a Will but a Will isn’t for you; it’s for your beneficiaries. A Lasting Power of Attorney is very much for you. Below you can read more about Lasting Power of Attorney. You may also wish to download our special guide “LASTING POWER OF ATTORNEY – What it is and how it works (in plain English” by clicking the button below. Or, you can call our Helpline.
It is a common misconception that a Property and Financial Affairs LPA is only necessary for individuals of an older age. The reality is that capacity could be lost at any time due to a serious accident, stroke or even a degenerative condition such as Alzheimer’s. If you should lose capacity and there is no Property and Financial Affairs LPA in place, your family and friends will not have automatic authority to make decisions on your behalf with regards to your property and financial affairs.
Instead, others could make decisions for you and the decisions made, may not be what you would have wanted. This can cause disagreements between family members and professionals about what is best for you.
It is easy to dismiss some of these points thinking that they cannot be right but, sadly, they are. Attorneys must always act in the best interest of a person who lacks capacity. That may seem obvious but ‘Best Interest’ under the Mental Capacity Act means doing, as far as possible, what you would have done had you retained capacity. The following information will be helpful in explaining the safeguards that are in place and how attorneys are to act.
There are Five Key Principles that define the approach the law takes since the Mental Capacity Act 2005 and those principles are:
Instructions can be added and you can express preferences that reflect your personal views. For instance, instructions on how one should administer your affairs and how you want to be cared for. We all understand how important it is to have a Will but a Will isn’t for you; it’s for your beneficiaries. A Lasting Power of Attorney is very much for you.
Yes. If capacity is lost and there is no LPA in place, a friend or family member can apply to the Court of Protection to be a Deputy for you and make decisions on your behalf. However, this is a long and very expensive process which can take 6 months or even more. Applications to be a Deputy involve ongoing costs which do not apply to a Lasting Power of Attorney.
We design our services to give clients and their attorneys the information and support they need to feel confident. It is much more than a document preparation service. We even provide a special publication, unique to us, containing important information which acts as a reference guide.
In addition, clients and their attorneys have six months after completion of the process during which they have unlimited access to Bob Cullen by telephone and email. You may consult with him personally during this period, without further charge, in regard to any queries that may arise. Why not download our special guide “LASTING POWER OF ATTORNY – What it is and how it works (in plain English” by clicking the button below.
We shall be pleased to answer any questions you may have in relation to a Lasting Power of Attorney for yourself or a family