Power of attorney rules and regulations can be confusing, but we will try to break down some of the most common facts and fictional ideas to help you to understand the processes and powers and assist you in making the decisions necessary to ensure the future is protected for you or someone else.
Common Fictional Ideas
Many people believe that the person or people appointed as attorneys will take control of all of a person’s decision-making as soon as an LPA is registered. This is not the case, as attorneys should work with the donor wherever possible and can only overrule an individual’s decisions if all possible steps to involve them have been exhausted.
Another common myth is that a UK power of attorney is only needed once someone has lost capacity. In fact, an LPA can be used as a precautionary measure and can only be made when a person has capacity. It can also be invaluable if you need decisions to be made when you are temporarily incapacitated, abroad or just don’t want to be involved for a while. You may now be thinking that this may be a sensible step, and if you are looking for a UK power of attorney click here.
UK Power of Attorney Facts
Many people worry that they may be made to move to a different care placement when they lose capacity and have no UK power of attorney in place. This is true, as court proceedings may mean a delay of up to 18 months in being able to access finances to pay for a current placement. This even applies when it comes to assets in joint names if one person loses capacity. An LPA can ensure financial decisions can be made.
Not having an LPA will also mean that you won’t have ensured that trusted people can convey your wishes. This could be about anything from what religion you want to follow to what sort of diet you prefer. These wishes can be put in a health LPA.
