If you have been appointed as an attorney for either property and financial affairs or health and welfare, there are specific duties you must comply with. It is not always clear on what is the best way for you to carry out your duties and responsibilities and you may have questions about what you can and cannot do.
There can be a lot to do when acting as an attorney and it can feel overwhelming.
Firstly, you should check the Lasting Power of Attorney (LPA) for any preferences or instructions that may be included.
You should remember that you must consult your loved one when making decisions and help them make decisions themselves, as much as they can. If you have to make the decision you should ensure the decision you make is in your loved one’s best interests.
Property and Financial Affairs
Things you may need to consider:
- Bank and building society accounts
- Keeping records of all spending and decisions
- Whether you can claim expenses as an attorney
- Managing a property
- Buying or selling a property
- Managing pensions or investments
- Claiming benefits
- Paying care fees
- Gifting or donating money on behalf of the loved one
- Wills and inheritance
It is important to remember to keep your loved one’s money separate from your own.
Health and Welfare
Things you may need to consider:
- Where your loved one lives
- Refusing or consenting to treatment on their behalf
- Whether your loved one can go on holiday
- Disputes with other family members on what is in their best interests e.g. medical treatment or who can visit
It is important to remember you can only make decisions under a Health and Welfare LPA when your loved one has lost capacity.
When do you need further authority?
Sometimes attorneys need further authority from the Court of Protection, as something may fall outside of your general powers, for example:
- You, as the attorney, wants to purchase your loved one’s property
- You, as the attorney, want to pay yourself family care payments from your loved one’s funds
- Making significant gifts or loans from your loved one’s funds
- Statutory Will
We can help by offering you advice and guidance, either at the beginning when you start to manage your loved one’s affairs or when a big decision needs to be made and you are not sure of the right course of action to take.
If you’re unsure about your responsibilities as an attorney or need guidance on a specific decision, seeking professional advice can provide clarity and peace of mind. Click to find out more.
