The right Attorney is important
Putting a Lasting Power of Attorney (LPA) in place can provide reassurance to you and your loved ones should you become incapable of managing your own affairs in the future due to age, illness, or accident.
In England and Wales, there are two types of LPA you can put in place:
• property and financial affairs
• health and welfare.
Choosing the right attorney is an important decision which you should make after considering the role and responsibilities that come with each type of attorney.
Types of LPA
Each type of LPA needs a different set of skills from your attorney.
Your property and financial affairs attorney will be responsible for your financial matters meaning they will look after your money and your bills, and they will be responsible for your property, savings and income.
Your health and welfare attorney will look after your health, personal care and wellbeing. They will be responsible for making choices about where you live, what medical treatment you receive, alongside day-to-day decisions like diet, dress and routine.
Being an attorney is an important responsibility, and your attorneys should fully understand what is involved before agreeing to accept the role.
Who can you choose to act as your attorney
• You could appoint a family member such as your spouse/partner or your child or sibling
• A trusted friend
• A trusted advisor such as a solicitor
What do you need to consider
Firstly, there are statutory requirements you need to consider for your attorneys:
• They must be over 18
• They must have the mental capacity to make their own decisions
• They must not be bankrupt
Other considerations
• Can you trust them to act in your best interest even if it conflicts with their own?
• Do they know you well enough to know your wishes and values?
• Are they, or will they be, capable? Consider if it’s wise to appoint someone older than you and if they will they be able to do the role if it is needed sometime in the future.
• Do they have the right skill set to take on the role?
• Are they good at managing their own money etc.?
The right person for the job!
It is important to discuss your choices with an expert; sometimes who you see as initially the most obvious person may not be the correct fit for the role.
For example, I had a client who had four children who initially wanted to appoint her two oldest children (because she thought she should as they were the oldest and that how things are done). However, following an advice meeting we established they lived abroad, whereas her two youngest children were local to her and helped her daily. She trusted them all equally so a decision was made to appoint all four children jointly and severally which would make the LPA much more useful on a practical basis.
Or the client who liked a drink – he picked his son to be his attorney not his daughter. He advised me that although both his children disliked his life choice to drink, his son would not totally restrict it if he was acting on this behalf whilst his daughter would force her own opinion on him and therefore would not make a good attorney for him.
Or the client who, following full advice, made an informed decision, wisely picking her two nephews for her property and affairs attorneys. She advised they were good with money and she trusted them with her affairs, but she chose her two best friends as her health and welfare attorneys as they were local and, in her words, would know if she lost capacity and was in a care home that is was very important to her to have her hair and nails done weekly.
Your choice of attorney is important and should be made carefully after considering all the relevant information.
An Accredited Lifetime Lawyer can support you in creating your LPAs. For more information, visit the Powers of Attorney page on our website: https://www.lifetimelawyers.org.uk/Public/How-can-we-help/Powers-of-Attorney