Powers of attorney and the Mental Capacity Act 2005
Have you ever thought about who you would like to make decisions for you if you become unable to do so?
At Eric Robinson Solicitors our friendly team of solicitors will guide you through the process. We’ll talk to you about putting in place a lasting power of attorney for the future, and we’ll help you deal with your concerns about a loved one’s continuing ability to look after their own affairs.
There are two types of lasting powers of attorney: a lasting power of attorney for property and financial affairs and a lasting power of attorney for health and welfare.
A lasting power of attorney for property and financial affairs can be put in place by an individual to appoint somebody to look after their property and financial affairs. It can be made before or after mental capacity is lost. This can be particularly useful if it is physically difficult to get to the bank to deal with your money and can continue to be used if the donor (the person who appoints the attorney to make decisions on their behalf) were to lose capacity. Your attorney(s) must be guided by the principles of the Mental Capacity Act and, unless you have lost mental capacity, must consult with you on all decisions.
A lasting power of attorney for health and welfare can only be used by an appointed attorney if the donor no longer has capacity to make a decision for themselves. The document will ensure that an individual that you want, rather than an ‘outsider’, can make a decision about your medication, where you should live, who should care for you and who should visit you. You could also give your attorney authority to make decisions about life-sustaining treatment. These documents are particularly useful if there is a dispute between family members and the medical practitioners or social services involved in a loved one’s care.
We can prepare documents on a fixed fee basis so you can be sure of the costs involved from the start.