A Lasting Power of Attorney is an important document and you should take great care in choosing your attorneys. They must be someone who you can trust to act in your best interests and have the skills to make the decisions you are directing them to make.

Your attorney must be at least 18 years of age and must not be bankrupt. They can either be a professional attorney – such as a solicitor or accountant – or a relative or family friend.

Your Attorneys cannot do whatever they like. They must follow the principles of the Mental Capacity Act 2005.

The principles of the Act which your Attorneys must follow:

  1. Your attorneys must assume that you can make your own decisions unless they establish that you cannot do so.
  1. Your attorneys must help you to make as many of your own decisions as you can. They cannot treat you as unable to make the decision in question unless all practical steps to help you to do so have been made without success.
  1. Your attorneys must not treat you as unable to make the decision in question simply because you make an unwise decision.
  1. Your attorneys must make decisions and act in your best interests when you are unable to make the decision in question.
  1. Before your attorneys make the decision in question or act for you they must consider whether they can make the decision or act in a way that is less restrictive of your rights and freedom but still achieves the purpose.

What is the next step?

At Macks we recommend a face-to-face meeting with one of our specialist solicitors. The initial meeting will be free of charge. We can then offer you comprehensive legal advice helping you to choose the most suitable attorneys and to decide what your attorneys will be responsible for.


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