Power of Attorney: What you need to know

The Power of Attorney is a legal document that enables an individual to assign the right for another person or persons to make decisions on their behalf if they become unable, due to unexpected circumstances such as illness and disability. These events could have long-term effects on mental capacity - leaving individuals vulnerable in times when having control over crucial affairs means everything. Thankfully, this provides them with peace of mind by appointing trusted parties beforehand who can manage these matters should any eventuality occur.

Things that can affect a person’s mental capacity:

• A learning difficulty

• Mental health issues

• Illness

• Dementia

• Brain injury

Becoming an attorney allows you to help a loved one make key decisions if they lose their mental capacity. The donor must set up the Power of Attorney while still having this capability, and it’s important that both parties understand all implications before agreeing – as there are two types: Lasting Powers of Attorney (LPA) which cover welfare and property/financial affairs, or Ordinary Powers of Attorneys (OPA). With great responsibility comes great power so researching your role beforehand is essential.

Things to consider:

• An attorney plays an integral role in a Lasting Power of Attorney, yet it is not always free from challenges. It requires thoughtful and often painstaking decisions to ensure the best interests of those entrusting their affairs into your hands are taken care of satisfactorily.

• Despite its difficulty, taking on this responsibility can bring great satisfaction - both for you as the attorney-holder and especially for those whose peace of mind you have safeguarded by doing so with precision.

• If feels like too big a burden, however, be sure to let them know before any legal documentation is finalised; because if that time comes when they no longer possess adequate mental capacity to make modifications or other necessary arrangements then options may become limited.

• As an attorney, you are the trusted guardian of a donor's financial and/or health decisions. Rather than taking full control over them yourself, your role is to help facilitate those choices while respecting their rights under the Mental Capacity Act (2005), with its accompanying code of practice.

• By signing this statement confirming understanding and agreement to these responsibilities as an attorney, it shows that all parties involved are working in unison for what truly matters: doing what’s best for the donor.

• Failing to adhere to the terms of a Lasting Power of Attorney (LPA) may result in donors seeking recompense for any monetary losses. Before exercising authority under an LPA, it is critical that you register with the Office of Public Guardian; different restrictions and guidance could also apply on a case-by-case basis - including possible limitations when making gifts.

• If there are multiple attorneys involved, teamwork should be essential unless they have been given independent powers by their donor.