Types of Lasting Power of Attorney | Registering for an Attorney |
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Your attorney will have significant power over your affairs so you need to choose a person or people you know you can completely trust.
Who should I choose to be my attorney?
Deciding on who to choose as your attorney is an important consideration. Many individuals opt for family members or close friends, as there is already a foundation of trust and familiarity. However, it is also possible to select someone from a professional background, such as a solicitor, who can bring expertise to the role. It is crucial to provide the person you approach with sufficient time to reflect on whether they are willing and prepared to take on the responsibilities associated with being an attorney.
Considering the possibility of appointing multiple attorneys can be beneficial. However, it is necessary to determine whether they will make decisions jointly or individually. Additionally, it is wise to designate replacement attorneys in case any of your initial choices are unable to fulfil their duties in the future. This approach helps ensure that there is continuous support and representation in managing your affairs. When selecting an attorney, it is essential to ensure that the person you choose is at least 18 years of age or older.
Your attorney must adhere to these principles:
Presume mental capacity
Your attorney should always assume that you have the mental capacity to make decisions unless it can be demonstrated otherwise.
Assist your decision-making
Your attorney has a responsibility to provide you with practical support to help you make decisions on your own and not force you into a decision.
Avoid assumptions based on unwise decisions
It is essential that no one assumes you lack mental capacity simply because you make decisions that others might view as unwise.
Least restrictive
When making decisions on your behalf, your attorney must consider all available options and choose the one that imposes the least number of restrictions on your rights and freedoms.
Act in your best interests
Your attorney must consider a range of factors and carefully weigh them to reach a balanced conclusion that serves your overall best interests.
By adhering to these principles, your attorney aims to make decisions that align with your wishes and promotes your well-being, while respecting your autonomy and individuality.
Lasting Power of Attorney Information
- What is Lasting Power of Attorney?
- Mental Capacity
- Types of Lasting Power of Attorney
- Choosing an Attorney
- Registering for an Attorney
Types of Lasting Power of Attorney | Registering for an Attorney |
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