Mental Capacity & POA FAQ’s

Being an Attorney can be a difficult job.

Your decisions can be scrutinised by the Office of the Public Guardian (OPG), Social Services, neighbours, family members and creditors.

And you will sometimes doubt the decisions that you make.

Are you doing the right thing?

Powers of Attorney

What are Powers of Attorney?

Powers of Attorney are a legal way of giving those you trust the right to manage your affairs and make decisions if you become physically or mentally unable to do so. This could be because of a disability, unexpected illness or accident or just the onset of old age. Or it might just be that you are having difficulty getting around and want someone to be able to pop to the bank for you.

Powers of Attorney for now?

Some people experience unexpected life-changing events such as illness or an accident happens. This could mean that you’re left unable to make your own decisions and you’ll need someone to help you make financial or medical decisions or actions straight away.

Planning ahead just in case?

People make all sorts of «just in case» plans like having a spare tyre in the boot or break down cover. Many people like to plan ahead in case something happens to them in the future. This gives them the peace of mind that the right people are in place.

Help avoid difficult decisions and situations

Lots of people tell us why they don’t think they need a Power of Attorney. That they are married; that it’s expensive; complicated or family would just be able to make decisions should they need to. These are just some of the misconceptions around getting a Power of Attorney in place. The only way to ensure that your finances, care and medical arrangements are taken care of by someone you trust is to set up a Power of Attorney and its worth putting a plan in place early on.

Common types of Powers of Attorney

If you don't make a Will then...

Your estate would be distributed according to strict rules based on legal and blood relationships and take no account of whether the relative(s) are known to you or are estranged from you./li>
Your spouse may not receive the whole of your estate.
Your unmarried partner will not inherit any part of your estate.
If you are separated but not divorced your spouse will still be regarded as your next of kin.
No provision can be made for friends or charities.
The persons you would wish to administer your estate might not be entitled to do so.
Inheritance Tax may be unnecessarily payable out of your estate.

Lasting Powers of Attorney - (LPA)

LPAs came into force on the 1st October 2007 and can be for general use or for a specific task. These are still valid if the donor loses their mental capacity, and can last for the rest of your life or until you cancel them. There are two different types available covering «Property and Financial Decisions» and «Health and Care». Important. A LPA cannot be used until it is registered with the Office of the Public Guardian. You can register the LPA at any time, (before or after someone loses their capacity) and the registration process takes around 2 months.

Enduring Power of Attorney - (EPA)

These were available until the 1st October 2007, when they were replaced by Lasting Powers of Attorney. EPAs signed by the Donor before that date are still valid, but if a Donor loses their mental capacity, then the Attorneys must stop using the EPA and register it with the Office of the Public Guardian before they can use it again. This registration process takes around 2 months.

Below are links to attachments issued by the OPG.

Two senior women at home, hugging. Family and generations concept.

Health & Welfare Attorneys

Property & Financial Attorneys

If you ever need advice on a specific problem then please Contact Us.

Mental Capacity & POA FAQ’s

If you or a loved one need a Power of Attorney putting in place, it can be an emotional and stressful time. Many of our clients have many questions about what will happen, what kind of service they really need and how it all works. Below are some frequently questions and answers that our clients ask us, that could help you. If you think of any questions that are missing, simply let us know by emailing ask@fidler.co.uk

What is a Power of Attorney?

Powers of Attorney can allow people to pay your bills, manage your care and clothing, sell your house, or even potentially change your Will if you are incapable of doing so yourself. So it is important for anyone, of any age or situation, to take legal advice on these matters.

What is a Deputyship order?

A Deputyship Order has a very similar effect to a Power of Attorney – in that it gives someone else the ability to look after your affairs on your behalf such as to sign documents, withdraw money etc. The big difference is that although a Power of Attorney is something that you set up yourself (if you are the donor, or person giving the power), a Deputyship Order is a court order. It appoints the people making the application (“the Deputys”) to manage the affairs of the person who has lost their capacity (“the Patient”).

What do I have to do if I am asked to be an Attorney?

Being an Attorney means that you will be able to make decisions on behalf of a person if they are no longer able to on their own. This can cover anything from day to day errands to medical, health and financial decisions. Your decisions can be scrutinised by the Office of the Public Guardian (OPG), Social Services, neighbours, family members and creditors and there is a lot of responsibility to this role.

How can I make sure I’m making the right decisions?

You can always contact us for advice as we are regularly appointed as Attorneys and Deputys, so we are very experienced in making these types of decisions and we are able to help you with this.

Do I need a Power of Attorney now?

Some people experience unexpected life changing events such as illness or an accident happens. This could mean that you’re left unable to make your own decisions and you’ll need someone to help you make financial or medical decisions or actions straight away.

When would I need a Power of Attorney in the future?

People make all sorts of ‘just in case’ plans like having a spare tyre in the boot or break down cover. Many people like to plan ahead in case something happens to them in the future. A Power of Attorney is another way to make plans for the future and have the peace of mind that the right people are in place in case you need them.

How could having Powers of Attorney make things easier in the future?

Lots of people tell us why they don’t think they need a Power of Attorney. They say that it’s expensive, complicated or their family would just be able to make decisions should they need to without a Power of Attorney. These are just some of the misconceptions around getting a Power of Attorney in place. The only way to ensure that your finances, care and medical arrangements are taken care of by someone you trust is to set up a Power of Attorney and its worth putting a plan in place.

We know that everyone’s situation and needs are individual to them so it’s always best to give us a call or book a meeting to talk through what is important to you and to discuss your needs.

What is a Living Will or an Advanced Decision?

Living Wills can also be called Advance Directives, or Advance Decisions. But a Living Will is a way of explaining what you would like to happen if you can no longer make your own decisions in relation to your health and welfare. Kind of like making a Will, but for during your lifetime. A common example is where someone specifies that if they are in a coma, and their condition is not improving, then a Doctor is to switch off any life support machines. But they can be used for all kinds of things, where someone has strong feelings about a particular medical treatment such as a blood transfusion and wants to document their wishes. This kind of situation can cause upset in a family, but an Advance Decision can actually make a family’s decisions easier, as it is all there in black and white.

Get in touch and we can discuss your individual situation and needs

We offer a free consultation and you can make an appointment to speak to us by calling 01623 45 11 11, emailing poa@fidler.co.uk, making an appointment in person at our offices, by video call or in the comfort of your own home.

Below are links to attachments issued by the Office of Public Guardian (OPG) and they can give you advice and information that will help you in your role as an Attorney.

Health & Welfare Attorneys

Property & Financial Attorneys

If you ever need advice on a specific problem then please Contact Us.