Finding Your Legal Champion: A Guide to Choosing the Right Attorney
A Lasting Power of Attorney (LPA) is a legal document allowing you to appoint someone to make decisions on your behalf. There are two types: one for property and financial affairs, and one for health and welfare issues. Choosing your attorneys is crucial as they will make life-changing decisions for you.
1 – Legal Requirements You can choose anyone as your attorney, provided they meet the criteria. For health LPAs, your attorney must be an individual with mental capacity and aged 18 or over. For financial LPAs, the same rules apply, but your attorney must also not be bankrupt or subject to a debt relief order.
2 – Trust and Reliability Your property and finances attorney will control your financial affairs and take very personal decisions for you, so appoint someone you trust to act in your best interests. The role is a significant time commitment, requiring dependability and responsibility. Geographical proximity can be important for managing day-to-day affairs such as going to your bank or visiting you to ensure you are being well looked after.
3 – Understanding of Your Wishes Your attorney must make decisions in your best interests. It’s best to appoint someone with whom you have an open dialogue and who understands your values, morals, and wishes. Aligning values, such as religious beliefs, can prevent personal judgments from influencing their decisions.
4 – Financial Competency For a financial LPA, your attorney must be able to understand financial matters. Experience in managing finances and the willingness to seek professional advice are ideal. If there are no family members willing or able to take on this role you can appoint a professional attorney for financial affairs. Although there is a cost associated with this their expertise can protect you from financial loss and help to ensure your wishes are followed.
5 – Number of Attorneys Most people choose between one and four attorneys. Having more than one can be beneficial, but you must be sure that they can work together. If appointing children, consider their views and any potential conflicts. Do they share the same views? Are there any long-standing grudges that might affect their decision making?
If you appoint one attorney, you should also appoint a replacement to manage your affairs in case of their death, incapacity, or bankruptcy.
6 – Setting Out Your Wishes Clearly outline your preferences to ensure you live the best life possible in case there comes a time that you can’t make decisions yourself. Providing guidance in a side letter to your attorneys on your personal preferences like music, food, TV, social interaction, hobbies, and living arrangements will help your attorney make decisions in your best interests.
Choosing the right attorney will be one of the most important decisions you will take and must be given careful consideration. Don’t just default to individuals who are ‘usually’ appointed. Take advice from a professional and give serious thought to exactly how the attorney will have to act for you in the future.
By appointing trustworthy, competent, and willing attorneys, you can give peace of mind to yourself and your loved ones.