Navigating the responsibilities of Lasting Power of Attorney

If you have been asked to act as an attorney for an individual’s Lasting Power of Attorney (LPA), you should know that it is a position that carries significant weight and responsibility. LPAs are legal documents that grant an individual the authority to make decisions on behalf of another person who may be unable to do so themselves due to incapacity or other circumstances.

Understanding Lasting Power of Attorney

There are two main types of LPAs: one covering property and financial affairs, and the other covering health and welfare decisions. The person making the LPA (donor) has the autonomy to outline specific instructions and limitations within the document, providing a framework for the appointed attorney(s) to follow.

The Power of the Position

Being appointed as an attorney comes with a profound level of authority and trust. Attorneys are entrusted with decisions that can significantly impact the donor's life, including financial transactions, property management, and healthcare choices. The power vested in an attorney is not to be taken lightly, as it requires a high level of integrity, responsibility, and the ability to understand and act in the best interests of the donor.

Legal and Ethical Responsibilities

The role of an attorney under an LPA is governed by a set of legal and ethical responsibilities. Attorneys must act within the scope of the authority granted by the LPA, ensuring that their decisions align with the donor's wishes and interests. Transparency and communication are crucial, as attorneys are obligated to keep accurate records of their actions and consult with the donor whenever possible.

Making decisions based on the best interests of the donor involves considering the donor's values, preferences, and well-being. The ethical considerations of this position highlight the need for attorneys to prioritise the donor's welfare above all else.

Accountability and Oversight

The Office of the Public Guardian (OPG) oversees the actions of attorneys, and there are legal mechanisms in place to address any breaches of duty. Attorneys may be held accountable for their actions, emphasising the importance of understanding and respecting the legal framework within which they operate.

Being appointed as an attorney is an honour that comes with immense responsibility. What is maybe not realised initially is that the role demands a deep commitment to ethical conduct, transparency, and the well-being of the donor.

If you are asked to take on this powerful position, it is crucial to recognise the gravity of the role. In navigating the complexities of decision-making, as an attorney, it may be practical to seek advice from an impartial professional such as a financial adviser to minimise the chance of any conflict with family members.

Receiving documented guidance about financial and property decisions can reduce stress and disputes with others.

If you would like to discuss your role as an attorney and the scope of the decisions you have been tasked with making, please don’t hesitate to get in touch for a relaxed chat. We are an independent firm, able to provide advice based on the whole of the market.

Call 0117 3636 212 or email office@haroldstephens.co.uk to organise a meeting today.