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We often stress the importance of planning for the future and preparing a Lasting Power of Attorney so that if there becomes a time that you are unable to, there are people with legal authority, to make decisions on your behalf surrounding your financial affairs, health and welfare or both.
It is equally as important to think carefully about who and why you would want to appoint a certain person as your attorney and whether they are an appropriate trustworthy person that would be able to make significant and sometimes difficult decisions on your behalf.
The law dictates that an attorney must be over the age of 18 and have the mental capacity to make their own decisions. Aside from that, the decision as to who to appoint as an attorney is entirely the donors. Sadly, we are regularly appointed as Deputy by the Court of Protection for clients who lack capacity to manage their own financial affairs whereby their chosen attorney has mismanaged or misappropriated funds. It is for this reason alone that it is vital to consider the following (which is not an exhaustive list) before making a decision on who to appoint as your attorney/s -
There are a number of pro-active steps that you can take to ensure that your wishes and feelings are documented and so that you can be certain that you have made a rounded decision as to who you trust to manage your affairs.
January 25, 2021
Natalie is a Partner and Solicitors in the Court of Protection department.