Understanding “Best Interests” In The Context Of LPAs

 

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust (your attorney) to make decisions on your behalf if you lose mental capacity. When making decisions on your behalf, your attorney is required to act in your “best interests.”

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Free Initial Telephone Discussion

For a free initial discussion on how we can help you deal with the legal implications of creating a lasting power of attorney, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

What Does “Best Interests” Mean?

The concept of “best interests” is a legal principle that requires decision-makers to act in the best interests of the person they represent. In the context of LPAs, this means that your attorney must make decisions that are in your best interests, even if they do not align with your expressed wishes.

Factors to Consider When Determining “Best Interests”

When determining what is in your best interests, your attorney must consider a range of factors, including:

  • Your expressed wishes: If you have expressed your wishes regarding medical treatment or other matters, your attorney must take these wishes into account.
  • Your beliefs and values: Your attorney should consider your personal beliefs and values when making decisions.
  • Your circumstances: Your attorney should consider your current circumstances, such as your health condition, living situation, and financial situation.
  • Your relationships: Your attorney should consider your relationships with family and friends.
  • Expert opinions: If relevant, your attorney may consult with experts, such as doctors or social workers, to get their opinions on what is in your best interests.

The Importance of Balancing Different Factors

It is important to note that there is no single formula for determining what is in someone’s best interests. Your attorney must balance different factors and make decisions that are reasonable and appropriate in the circumstances.

The Role of the Court of Protection

If there is a dispute about whether an attorney is acting in a person’s best interests, the matter can be referred to the Court of Protection. The Court of Protection is a specialized court that deals with matters relating to people who lack mental capacity.

How we can help

We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact Our Wills and Probate Solicitors

It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.

To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.

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