Island Life Magazine Ltd October/November 2014 | Page 130
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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
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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.