A power of attorney is an important legal document which future proofs your wellbeing. By nominating a trusted friend or relative to make decisions on your behalf in the event that you are unable to – perhaps because of illness or memory difficulties – your loved one can decide what is best for you in terms of care and finances.
However, there are numerous myths and misconceptions when it comes to powers of attorney. Let’s have a look at those misconceptions and establish the facts.
I already have an enduring power of attorney
Enduring powers of attorney have been superseded by lasting powers of attorney, or LPAs. These give nominees the power to make decisions on health matters rather than just finances.
Nominated relatives can make all the decisions
According to the Office of the Public Guardian, nominated representatives can only act in the person’s best interests. Indeed, you can even set restrictions on what decisions can be made by the nominee.
A power of attorney isn’t necessary
Some people believe that loved ones can make health decisions for others without an LPA. This isn’t the case. If this document isn’t in place, doctors will plan treatment according to what they think is best.
I can sign the LPA once it’s needed
By definition, a power of attorney document can only be used if someone loses capacity. If medical professionals deem that capacity has already been lost, it’s too late to get the document signed.
An LPA isn’t needed if I have a will
LPAs and wills serve different purposes. A will only comes into effect after death, and does not give relatives any powers to make decisions for you. It is easy to organise a power of attorney online thanks to specialists such as //powerofattorneyonline.co.uk/.
The LPA must be used straight away
The LPA can only be used if and when a person has lost the capacity to make their own decisions. The nominee cannot make decisions for that person before then.