Cardwell BayInverclyde Council together with Inverclyde Health and Social Care Partnership is a participant in the national power of attorney campaign, together with other local partners. If necessary, explain to the attorney how we can help to apply for additional powers through the Court of Protection; including authority to make gifts. The words of the contract (e.g. care home agreement or contract for household repairs) and the conduct of the parties to the contract are important to determine who is ultimately liable for what. Sometimes words alone will not be enough to limit liability, if the actions and conduct of the parties are inconsistent with the words used. When you make any contract on behalf of a Donor it is important to make it clear that the contract is being made on the Donor’s behalf and not personally by you.

  • However, if you want to, you can limit the decisions the attorney can make, or when they can make them.
  • A health and welfare LPA allows your attorney to make decisions on your behalf about your health and care, if you are unable to make these decisions for yourself.
  • Additional advantages for using a professional attorney are the trust corporation’s expertise in handling lasting powers of attorney and their ability to respond quickly.
  • It’s not possible to use a health and welfare LPA until the person who made it has lost their mental capacity.
  • They can do this at any time, whether you have lost mental capacity or not.

You can think and act now – if ill health or an accident means you can no longer make your own decisions, who do you want to do that for you? A power of attorney enables you to decide who would be able to take decisions on your behalf if required, and to express your particular wishes about what you would like to happen in the future. We can liaise with lawyers in other jurisdictions at a time where you have mental capacity and take their view on the best course of action as to how best to protect your foreign assets. It may be that a UK lasting power of attorney would suffice, or, it may be advisable for you to grant a similar power in the jurisdiction in which your assets are held.

How Do I Set Up A Power Of Attorney?

Many people with dementia will reach a point where they can no longer make some decisions for themselves. This is known as lacking ‘mental capacity’ to make those decisions. When this happens, someone else – often a carer or family member – will need to decide on behalf of the person with dementia. In order to make a power of attorney, you must be capable of making decisions for yourself. This is called having mental capacity – see under heading, When does someone lack mental capacity?

Alternatively, their ability to make decisions may change from day to day. Prepare by talking to the donor so you’re ready to make decisions in their best interests. For example, ask about their plans for their money or how they want to be cared for if they become seriously ill. To register a new Power of attorney, please fill in our registration formor alternatively you can book an appointment to go into a branch to complete the registration form. You should talk to the person you want to nominate, and understand if they are comfortable with this responsibility also.

Before You Start Acting As An Attorney

Mental capacity means the ability to make or communicate specific decisions at the time they need to be made. To have mental capacity you must understand the decision you need to make, why you need to make it, and the likely outcome of your decision. Make sure the LPA has been registered – you cannot start acting until it is. It can take up to 20 weeks to register a lasting power of attorney. You can make decisions on someone’s behalf if they appoint you using a lasting power of attorney .

Where Is The Office Of Care And Protection?

You may be concerned that an attorney or a deputy is not acting in the best interests of someone who has lost their mental capacity. You should report your concerns to the Office of the Public Guardian – see underOffice of the Public Guardian. Solicitors and trust corporations such as banks can act as an attorney.