As soon as the Lasting Power of Attorney documentation has been received and registered, you can use it at any time that you see fit – you do not have to wait until the donor loses capacity. Read our article now on using a lasting power of attorney…
Using A Lasting Power Of Attorney
You might even need to use it straight away if your relative is currently very ill. Or you may only need to use it every now and again for short periods – for example, while your relative is hospitalised. Then again, the document might just sit in a drawer for many years before you need it.
To use your Lasting Power of Attorney, you have to show a certified copy of it (not a photocopy) to the organisation that you want to deal with on behalf of your relative. Additional certified copies can be obtained at a later date; any solicitor can do this for a small fee (usually about £5 per copy).
If your relative lacks mental capacity
If the time has come that your relative is no longer able to make their own decisions, then it’s too late to apply for a new Lasting Power of Attorney. In this situation, you will have to make an application to the Court of Protection if you live in England or Wales. The Court of Protection was set up to represent the interests of people who cannot make their own decisions.
The Court can:
- Arbitrate on whether someone is mentally capable of making decisions
- make decisions about the affairs of a person lacking mental capacity.
- In the absence of a Lasting Power of Attorney, can appoint a ‘deputy’ to manage your relative’s affairs.
Power of Attorney and Care
An important role of a person with lasting power of attorney is choosing the right residential care Southport and luxury Southport nursing home for their relative when the time comes that they need round the clock medical care. If they can no longer make their own decisions, then it is vital that they have already appointed a person they can trust to make such an important decision.