Island Life Magazine Ltd October/November 2014 | Page 130

coffee break reading... Roach Pittis advice Roach Pittis Solicitors, 60-66 Lugley Street, Newport, PO30 5EU t. 01983 524431 - e. [email protected] By Ian Bradshaw Power of Attorney - study the options Y ou don’t have to give Power of Attorney; you can always let a stranger make decisions for you – this is a possible consequence of not making one. The prospect of creating a Lasting Power of Attorney (LPA) is often a daunting one. The idea of appointing another person to make decisions about how we live our lives is often enough to discourage a person from the outset. Creating a Power of Attorney is not an admission that a person cannot cope, nor evidence that they are unable to make decisions for themselves. Often the reason people will resist such an arrangement is because they perceive it as a loss of control over their own affairs. The reality is that when you make an LPA you retain control over all aspects of your life. You have not relinquished control over your finances nor have you given your attorney carte blanche to dictate how you live. By creating an LPA you have in effect appointed a person 130 www.visitilife.com to ‘step into your shoes’ and act as you instruct them. Provided you retain your capacity there is no loss of control or power and you can revoke the LPA at any time should you wish. It is only if you lose your ability to make decisions for yourself that an attorney takes over a full decision making role. The Mental Capacity Act 2005 sets out key principles that must be followed. These include the following. • Every person is assumed to be able to make their own decisions unless it is proved they cannot. • Just because an individual makes what might be seen as an unwise decision, they should not be treated as unable to make that decision. In other words your attorney cannot overrule you while you have the ability to make your own decisions. • Anything done or any decision made on behalf of a person who is unable to make their own decisions must be done in their best interests. In the circumstance you have not made an LPA then you may not have made advance decisions about what happens to you should you lose your capacity. In the circumstance you are unable to make your own decisions then the Court of Protection will appoint a Deputy to act on your behalf which is not something you have control over. Herein lies the crux of the matter, a Court appointed Deputy is not necessarily someone you would choose to administer your own finances. An LPA is preferable for the simple reason you choose who is empowered to act in the circumstance you cannot. Any person of any age over 18 should consider making an LPA. If you have a young family, participate in sports, have a job which places you in harmful or stressful situation, have significant investments or if you are senior in years you might consider making one. If nothing else, it is an effective insurance against unforeseen events.