The Role of the Attorney

Being an Attorney is an important and worthwhile task. It means you have been chosen by someone who trusts you to look after their affairs if they lose mental capacity.

As an Attorney you may have to make decisions about two different things; the property and financial affairs of the person granting the Lasting Power of Attorney (“LPA”) or about their health and welfare.

As an Attorney you must follow any instructions provided in the LPA document, you will also need to consider any preferences stated by the donor. You will need to do all you can to help the donor make decisions for themselves for as long as possible whilst always acting in their best interests. In addition, you will also need to consider their human and civil rights.

When acting under an LPA for Property and Financial Affairs you may have to make decisions regarding a person’s money, tax and bills, their bank and savings accounts, their property and investments and their pension and benefits.

When acting under an LPA for Health and Welfare you might need to make decisions regarding a person’s daily routine like bathing, clothing and personal care and about what type or care they receive and where. You may also be required to make decisions about Life Sustaining Treatment.

The underlying principle of acting as an Attorney is that you must always act in the best interests of the person who you are making decisions for.

If you wish to make a Lasting Power of Attorney or have been appointed as an Attorney and need some advice, please give us a call on 01257 686386.

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