Want to have your say in your health decisions as you grow older? Then the importance of granting a lasting power of attorney should not be understated .
As a nation we are living (on average) much longer, and an increasing number of people are likely to become mental and/or physically dependent on others. Saga say that “there are expected to be a million people in the UK who will be suffering from some form of dementia by the year 2025 ”. In the event that this happens to you, it would be virtually impossible to make decisions without someone being authorised to do so on your behalf. Therefore the importance of granting a lasting power of attorney should not be understat ed.
What is lasting power of attorney?
When someone is granted lasting power of attorney, it gives them the right to make decisions based on the behalf of a loved one or relative. The loved one or relative is known as the donor, and lasting power of attorney comes into play when the donor is unable to make their own decisions.
I am still of sound mind, so why would I need to set up lasting power of attorney?
You need be of sound mind to give someone lasting power of attorney, otherwise your loved ones will be required to apply through the Court of Protection to be made a ‘deputy’. This is a lengthy and expensive process.
Who determines whether or not someone has adequate mental capacity to make such a decision?
Under the terms of the Mental Capacity Act 2005 a person is able to make a decision if they’re able to understand all of the information relevant to the decision, and are able to retain the information in their memory for a sufficient amount of time for a decision to be made. The person must also be able to understand the implications of the decision and be able to communicate their wishes accordingly.
How do I grant a power of attorney?
First of all you need to decide whether to use a solicitor or not. We would recommend doing so because solicitors are trained to leave no legal stone unturned and will ensure that the process is undertaken thoroughly and efficiently.
Secondly, you need to make your application and thirdly, you need to register the power of attorney.
How much does it cost to set it up?
The whole process can be done online and costs £110.
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Lynne Franks
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