10 FAQ’s for Attorneys Appointed Under a UK Lasting Power of Attorney
Lasting Powers of Attorney – The role of the ATTORNEY – UK
Have you been asked to be an Attorney and are you wondering what this really means? Are you rechtsanwalt Kassel concerned that you don’t know what to do?
This article explains your role and answers some key questions.
Lets start with what is expected of you as an Attorney.
- What does an Attorney have to do?
An Attorney is someone who has the authority to make decisions and act someone’s behalf.
So, you would be expected to make decisions and carry out tasks on behalf of the person who signed the Lasting Power of Attorney.
The following information should give you a good understanding of purpose of an LPA, but first, a little more background.
- Who can be an Attorney?
Anyone over 18, you can be a friend or relative and people frequently ask their spouse to do it. Normally it is someone they trust and who knows them reasonably well. You can choose a professional attorney who will be paid for their service.
- When do I actually have to do something? When do I become the attorney?
If the person with the LPA becomes too ill to look after their own affairs, then you as the attorney can start to make decisions and manage their affairs for them.
We call this losing capacity. You lose capacity if you are unable to make decisions.
- How can I tell if someone has lost capacity?
Often medical staff will be the first to declare that someone has lost capacity. But you should still consider for yourself whether you think that they are able to make a decision. The law gives guidance on decision making:
Are they unable to understand information relevan