Mental Capacity Assessments

One of the features of the Health and Welfare Lasting Power of Attorney is that, once registered, it can only be used by your Attorneys once you have lost mental capacity. This means that up until then you can continue to make decisions regarding your health and welfare.

If you would prefer your attorneys appointed under a Property and Financial Affairs Lasting Power of Attorney to only act once you have lost capacity, you can stipulate that they are not able to act until such times. This is an option on the LPA document itself.

If you choose this option a medical practitioner, usually your GP, will have to certify that you are no longer able to manage your own affairs before your attorneys are able to take over the management of your assets.

Under the terms of the Mental Capacity Act 2005 capacity is assumed to be present unless proof exists to show that it is not. Capacity is judged to be issue specific and the question your GP will be asked to answer is whether you are able to understand the nature and extent of your financial affairs and make proper decisions with regards to all financial matters relating to dealing with income, outgoings and investment of capital.

If you wish to make a Lasting Power of Attorney, please call us now on 01257 686386.

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