10thMarch 2014
Understanding what Power of Attorney entails
Shaun Parry-Jones from law firm Hart Brown, explains what setting up a lasting power of attorney actually means, and the dangers of not planning ahead
We are all aware that we should be thinking about making a will as we all know that one day we will not be here. The thought of our mortality is not always an attractive one, however, there is some welcome news on the horizon, in that, life expectancy seems to increase year-on-year. That is good news if you enjoy the benefit of good physical and mental health. Unfortunately, not everyone is so blessed. It is quite often the case that with the onset of age people might require help. That could be physical such as with help getting dressed in the morning. Equally, it might be support with your financial affairs due to failing mental capacity.
We all hope that we will retain our ability to make decisions. However, some of us won't and if we don't who will have the authority to step in on our behalf? Whilst we have capacity we all have the opportunity to decide who would make those decisions, whether they are relating to our care or our property and financial affairs. If we don't make provision for the circumstances arising, someone would have to apply to the Court of Protection for a deputyship order. That ‘someone' might not necessarily be the person we would choose. Once they have managed to obtain the order they would be overseen by the Court. The application itself can be very lengthy and costly. Wouldn't it be far better to make provision whilst you are capable of doing so rather than leaving it to chance?
If you were to set up a lasting power of attorney you would decide who would make decisions for you and you could provide them with guidance as to how you would wish them to help. Lasting powers of attorney come in two distinct parts; one part relates to property and financial affairs the other to health and welfare. You can create either or both types.
Under the property and financial affairs lasting power of attorney your attorneys would have the authority to deal with bank accounts, shares, investments, tax and your property. They can use the power with your authority whilst you still have capacity. If you were to lose capacity the attorney could continue to look after your affairs for you with the comfort that they have the legal authority they require to help.
The lasting power of attorney in relation to health and welfare can only be used if you are not able to make a decision for yourself. Before making a decision on your behalf, the attorney is obliged to do what they can to help you make a decision for yourself. Each decision has to be taken on its merits. For example you may have the ability to decide that you would like your cousin to visit you but not to decide which care home you would like to live in. The authority given by the power of attorney extends to almost all decisions that you are able to make for yourself during the course of the day. Everything from what you wear or eat, who you should have contact with, what activities you get involved in, where you should live and who you should live with are all decisions that can be made by the attorney, but only if you have lost capacity. The attorneys can also make decisions in relation to your health. At a lower level, they can make decisions as to whether you should visit the dentist or the doctor. When you set up the power of attorney you would also decide whether your attorneys should make life-sustaining treatment decisions on your behalf.
The role of the attorney is an enormously responsible one. Giving thought to such circumstances and setting up a lasting power of attorney can be a daunting prospect. It is far easier to ignore it and put it off. However, doesn't it make sense to put provision in place whilst you can? People talk about their concern of losing control as they lose capacity. By putting in place a lasting power of attorney that control can be retained in that you would be ensuring that you decide in advance how matters are to be dealt with and by whom, if the worst should happen.
END
Shaun Parry-Jones, partner and head of Trust team of Surrey law firm Hart Brown
About Hart Brown
Hart Brown, a leading law firm with offices throughout Surrey and in London, has been offering a full range of legal and financial investment services to businesses and individuals for the past 90 years. With 15 partners, more than 110 staff, six offices and a reputation for delivering high quality service, Hart Brown is committed to building long-term relationships with its clients.
In particular, the firm puts great emphasis on regular communication with clients, as well as the need for efficiency and value for money in order to deliver a high-quality service. Hart Brown currently operates from offices located in Cobham, Cranleigh, Godalming, Guildford, Wimbledon Village and Woking. For more information please visit www.hartbrown.co.uk
Press Contact:
Alison Scarrott at Chazbrooks Communications
Tel: +44 (0) 1483 537890 Email: alisons@chazb.com
Hart Brown Contact:
Rebecca White, Hart Brown
Tel: +44 (0)1483 887766 Email: rjw@hartbrown.co.uk www. http://www.hartbrown.co.uk