Power of Attorney; it's probably a term you’ve heard bandied
around at some point in your life, but for most of us, it’s likely we don’t
fully understand its importance to those who may need it. In its most basic
form, a power of attorney is a legal document wherein you legally allow someone
else to make decisions on your behalf.
Of course, giving someone control over your legal decisions
may seem like a daunting prospect, however, there are actually a variety of
reasons why this important legal document may become useful to some of us in
the future.
What are the benefits
of a power of attorney?
Having someone to deal with your affairs when you are unable
to do so actually has a range of benefits. For example, if you are temporarily
unable to carry out your own decisions due to a hospital visit, having someone
who can temporarily act on your behalf until you are fit enough to do so
yourself can be extremely beneficial in keeping things going whilst you’re
away.
Another more permanent reason is if the person in question
begins to lose the mental capacity to make cogent decisions. Although a
distressing process, this could be the least stressful way to ensure that the
needs of the person are met.
Understanding mental
capacity
Before exploring the types of power of attorney documents
someone can choose from, it is important to understand the complexities of the
term ‘mental capacity’. To have mental capacity, you must able to both
communicate your decisions in a specific way at the time of which they need to
be made. You must also be able to fully understand your decision and the likely
outcome of it.
If, for example, you have had a life-changing accident or
have been diagnosed with a neurodegenerative disease such as dementia, you may
not have the mental capacity to make a positive decision. At this point, you
may believe it to be most beneficial to utilise a power of attorney, however,
it is your decision to make.
Types of power of
attorney
There are
three types of power of attorney documents in the UK that you can set up, all
with slightly different rules and outcomes:
- Ordinary power of attorney:
This covers your financial affairs whilst you still have
mental capacity. Because of this, an OPA is the best choice for temporary
situations such as hospital visits.
- Lasting power of attorney:
An LPA covers both financial and health care decisions and
will cover you for the future. This has made them very useful for those who may
lose mental capacity at some point.
- Enduring power of attorney:
EPAs were introduced in 2007 to replace LPAs. However, if you
have signed an LPA before this point, it will remain valid.
Ensure your future is secure with Hawley and
Rodgers
Passing over control of your decisions to
someone else can seem like a scary experience, however, in doing so, you could
end up saving large amounts of stress for yourself and those you care about in
the long run.
If you’re looking into a power of attorney, it’s essential you work with the
best. At
Hawley and
Rodgers, our expert team of solicitors will be able to
guide you through the process of setting up a power of attorney, taking the
fear out of the whole process and ensuring your wishes are met.
