What are your responsibilities?
Often the question that is asked is “Will you be my attorney” and the answer is usually “yes of course I will be”, but what are the implications of saying yes, what are you actually agreeing to?
It is extremely important when choosing your attorneys, you need to think very carefully. A Lasting Power of Attorney (LPA) document is a powerful document as you are handing over key decisions about your life, your welfare, and your assets to someone else. So, you should choose people who are responsible, trustworthy and have the appropriate skills to make the decisions you set out in the LPA.
As an attorney you need to remember that you must act in the best interest of the donor. If the donor has included instructions in the LPA you must follow these and consider any preferences the donor has included. The attorney must support the donor to make their own decisions as much as they can, it is important not to assume that the donor cannot make any decisions as it may be possible for them to make some decisions for themselves.
If you are a property and financial affairs attorney it is important that you keep comprehensive records of transactions made with the donor’s money and you must keep the donor’s finances separate from your own, unless you’ve already got something in both of your names like a joint bank account or you own a home together.
Beers LLP can fully assist you as the donor in the relation to the preparation and registration of a Lasting Power of Attorney that is tailored to your wishes, giving you peace of mind that your future financial affairs and health and welfare will be handled by those that you choose and at your direction or we can offer advice to attorneys in their role. We will be happy to hear from you to discuss your requirements in more detail – 01548 857000.