Before we delve into who can be a power of attorney, let’s briefly recap what an LPA is. A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust (known as an attorney) to make decisions on your behalf if you lose mental capacity. There are two types of LPAs:
- Property and financial affairs LPA: This allows your attorney to manage your financial affairs, such as paying bills, selling property, or investing money.
- Health and welfare LPA: This allows your attorney to make decisions about your health and welfare, such as where you live, what medical treatment you receive, and whether you should be resuscitated.
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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.
Choosing the Right Attorney
Selecting the right person to be your attorney is a crucial decision. Your attorney will have significant control over your life and finances, so it’s essential to choose someone you trust implicitly. Here are some factors to consider when choosing an attorney:
- Relationship: Consider your relationship with the potential attorney. Is it based on trust, respect, and a shared understanding of your wishes?
- Reliability: Does the potential attorney have a reputation for being reliable and responsible?
- Capacity: Is the potential attorney mentally and physically capable of fulfilling the responsibilities of an attorney?
- Proximity: While not strictly necessary, it can be helpful if your attorney lives close by for easier communication and access.
Who Can Be an Attorney?
Generally, any adult of sound mind can be appointed as an attorney. However, there are some specific requirements:
- Age: The attorney must be at least 18 years old.
- Mental capacity: The attorney must have the mental capacity to understand the responsibilities of the role.
- Not disqualified: The attorney must not be disqualified from acting as an attorney by a court order.
Can a Minor Be an Attorney?
While it’s generally not recommended to appoint a minor as an attorney, it is possible under certain circumstances. If a minor is appointed as an attorney, a suitable adult must be appointed as their deputy to assist them in carrying out their duties.
Can a Relative Be an Attorney?
Yes, a relative can be an attorney. In fact, it’s quite common for people to appoint a close relative, such as a spouse, child, or sibling, as their attorney. However, it’s important to consider the potential for conflicts of interest and ensure that the relationship is based on trust and mutual respect.
Can a Friend Be an Attorney?
Yes, a friend can be an attorney. As long as they meet the requirements outlined above, there’s no reason why a friend cannot be appointed as your attorney. However, it’s important to choose a friend who you trust implicitly and who is capable of handling the responsibilities of the role.
Can a Professional Be an Attorney?
Yes, a professional, such as a solicitor, accountant, or financial advisor, can be appointed as an attorney. This can be particularly beneficial if you have complex financial affairs or require specialized expertise. However, it’s important to ensure that the professional is willing and able to take on the role of attorney in addition to their other duties.
Can a Joint Attorney Be Appointed?
Yes, you can appoint joint attorneys to act together or independently. This can be useful if you want to ensure that there is always someone available to make decisions on your behalf. However, it’s important to consider the potential for disagreements between joint attorneys and ensure that they have a clear understanding of their roles and responsibilities.
Can a Corporate Body Be an Attorney?
No, a corporate body cannot be appointed as an attorney. Only individuals can be appointed as attorneys.
Professional Assistance from Blackstone Solicitors
At Blackstone Solicitors, we can provide expert guidance and assistance with the entire LPA process, including the selection of your attorney. Our experienced solicitors can help you:
- Assess potential attorneys: We can help you evaluate the suitability of potential attorneys based on various factors.
- Draft your LPA: Our solicitors can help you create a legally sound and comprehensive LPA that reflects your wishes.
- Register your LPA: We can handle the registration process on your behalf, ensuring a smooth and efficient experience.
By choosing Blackstone Solicitors, you can have peace of mind knowing that your LPA is in safe hands.
Conclusion
Choosing the right attorney is a crucial decision that should be made carefully. By considering the factors outlined in this article and seeking professional assistance from Blackstone Solicitors, you can select an attorney who will be able to effectively represent your interests and make decisions on your behalf.
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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