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Choosing the Best Power of Attorney for You: 5 Crucial Questions To Ask

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Creating a Lasting Power of Attorney is a sensible step as you approach your later years in life, as it can give you greater protection and independence when planning how your health, wellbeing, and finances will be managed.

However, as the process of designing your Lasting Power of Attorney depends on your individual family arrangements, financial, and health needs, expert support from a specialist Wills, Trusts, and Probate Solicitor can be beneficial in achieving the right solution for you.

Who Can I Choose To Be My Attorney?

Your nominated Attorney could be a family member, a close friend, an adult child (over the age of 18), your spouse/partner, or your solicitor. It is important that, whoever you select, you have absolute trust in them, and are confident they will act with your best interests in mind when financial or medical situations emerge.

Can You Have More Than One Attorney?

Yes, you can appoint more than one Attorney, either to work jointly to make decisions on your behalf, or to assume responsibility for your different needs (for example, one nominated person could take responsibility for your health and welfare, and another for your finances).

If appointing more than one Attorney, it is important that they can work cooperatively, without conflict. Any disagreements could mean that you don’t receive the support that you need until a unified way forward can be found.

How Should My Chosen Attorney Act?

The appointed Attorney must act within the law and there are certain legal restrictions they should observe. Being an Attorney does not entitle someone to act freely and without redress. Instead, they must act only with your best interests in mind, within the parameters of the agreement.

Responsibilities include:

Encouraging and facilitating your involvement in decision-making.
Considering your feelings, including any prior wishes or instructions.
Taking into consideration your belief and values.
Discussing your needs with others, such as family, friends, or carers.
Protecting your right to privacy.

Do I Really Need A Lasting Power Of Attorney?

While it would be perfect if we could all remain independent for the entirety of our lives, many people need support to make important decisions, particularly in later life. Your circumstances may change unexpectedly: for example, you may develop a medical condition that erodes your capacity to make choices for yourself, so selecting an Attorney now is a prudent step.

If you lose the capacity to make decisions and have not appointed an Attorney, a family member or friend can apply to take on the role, but you will have no input in this. Instead, a Court will decide on their suitability for the task.

Can I Change Who Is My Attorney?

Trust is vital in any relationship with an Attorney. If you change your mind about your chosen Attorney, you can change them at any time, whilst you still have the mental capacity to do so. For example, you may feel they are acting inappropriately by overexerting their power, in which case you can replace them with someone that you feel is more suited to the role.

Need Advice As To Making A Lasting Power Of Attorney? Contact Astle Paterson Today

At Astle Paterson, our expert team is ready to help with any queries you may have about arranging a Lasting Power of Attorney or to support you as you go through the appointment process.

To find out more, please call us today on 01283 531366.