When someone creates a lasting power of attorney, they appoint an individual, known as the attorney, to make decisions on their behalf if they lose mental capacity. This is a serious legal responsibility requiring careful consideration, honesty, and a commitment to act in the donor’s best interests at all times.
The attorney must always act in the best interests of the person who granted the power of attorney online, which means considering their wishes, feelings, beliefs, and values before making any decisions. Attorneys should also encourage the donor to participate in decisions as much as possible, depending on their capacity.
Managing finances and property
If the LPA covers property and financial affairs, the attorney may handle tasks such as paying bills, managing bank accounts, selling property, or investing money. These actions must be completed with transparency and proper record-keeping. Guidance and tools for creating or registering LPAs can be found on websites such as //powerofattorneyonline.co.uk.
Making health and welfare decisions
When an LPA relates to health and welfare, the attorney can decide on matters such as medical treatment, care arrangements, and daily living needs; however, these powers can only be used once the donor is unable to make such decisions themselves. The government website has more information about health and welfare attorneys.
Following legal and ethical standards
Attorneys must follow the Mental Capacity Act 2005 and any conditions stated within the LPA. They are accountable to the Office of the Public Guardian and could face investigation if they misuse their authority or fail to uphold their responsibilities.
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