You might need to do this if an urgent decision needed to be made to protect someone’s health or safety. It is also possible to apply for an interim order, for example, if urgent action was needed to pay someone’s care home fees. You can find information on how to work out whether someone has mental capacity on the Mental Health Foundation website at You can instruct a solicitor to draft a power of attorney for you, but the solicitor should only accept instructions or authorisation from you, whether in person or in writing.

You can also arrange for someone to deal with your benefits or tax credits case by giving them power of attorney. If the money is paid into a post office card account and needs to be regularly collected by someone else, contact the post office and ask about arranging for someone else to collect it. Someone who regularly collects benefit for someone else is often called an agent. We can act as a professional attorney through our trust corporation, Clarke Willmott Trust Corporation Limited. When you are appointing attorneys, it is worth considering whether to appoint a trust corporation instead of, or as a replacement for, an attorney. This can avoid the costs and inconvenience of replacing an attorney if they fall ill or die.

Lasting Power Of Attorney Solicitors Blackpool

If you have an EPA, you might also want to think about making a health and welfare LPA to cover decisions about your care and medical treatment. You can give your health and welfare attorney the power to accept or refuse life-sustaining treatment on your behalf. You will be asked whether you wish to do this or not on the form, and you will need to state what you choose clearly.

If you are unable to collect your benefits or tax credits for any reason, you might want someone else to collect them for you. Once your PoA is registered with us it will last unless you decide to cancel it. You should also be aware that particular changes in circumstance will result in the PoA coming to an end. You will need to arrange for your own PoA documentto be drafted. This is not something we can help with as our role is to provide a registration service. Within Inverclyde there are a number of services that can assist you to plan for your future.

  • If you’re unhappy with the decisions that are being taken, there are a number of ways you can make a complaint.
  • For example, you can appoint attorneys to act jointly when making decisions over your money, but state that only one attorney should decide where you should live.
  • The role of an attorney involves a great deal of power and responsibility.
  • The advantage of this arrangement is that it makes it harder for an attorney to commit fraud or do something against the interests of the donor.

Use the button below to choose between help, advice and real stories. If this happens, someone may need to apply to the Court of Protection to become your deputy. For example, you may want to change who can make decisions for you or change what powers you give them. You can limit the power to certain parts of your affairs, for example, you may wish them to handle your money but you might want to exclude the sale of your dwelling house from their power. Attorneys who are not professionals do not get paid, are not insured and usually are only entitled to recover their out of pocket expenses. If you do not have authority you may be sued if the contractor suffers some loss as a consequence.

Health And Welfare Power Of Attorney And Restraint

Needing more time to understand or communicate doesn’t mean you lack mental capacity. For example, having dementia doesn’t necessarily mean that someone is unable to make any decisions for themselves. Where someone is having difficulty communicating a decision, an attempt should always be made to overcome those difficulties and help the person decide for themselves. A lasting power of attorney is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. With a property and affairs LPA, you can allow your attorney to make decisions even if you can still make them yourself.

Lasting Powers Of Attorney: Top Ten Tips

You must make the decisions yourself – you cannot ask someone to make them for you. You do not need any legal experience to act as someone’s attorney. You can contact GOV.UK to request this guide in another format, for example large print or braille. It can be used as soon as it’s registered, with your permission.