By Sophie Lawrence, Senior Associate and Head of Court of Protection and Shelby Gordon, Trainee Solicitor, Private Client Services Team.
Planning for the future is a wise step for anyone, especially when it comes to managing your finances or making important personal decisions about your welfare. Whether you are thinking ahead for later life, preparing for the unexpected, or simply wanting reassurance that your affairs will be handled responsibly, setting up a Lasting Power of Attorney (LPA) is an essential move. One of the most important decisions in this process is choosing the right people to act on your behalf, and this can be a professional.
Sophie Lawrence and Shelby Gordon walk you through the needs in detail and explain the distinct advantages of appointing a professional Attorney.
What is an Attorney Under a Lasting Power of Attorney (LPA)?
An Attorney is an individual appointed by the person creating the LPA (the 'donor') to make decisions on behalf of the donor, should the donor lost the ability to do so for themselves.
What are the two types of LPA?
There are two types of LPA, covering distinct areas:
- Property and Financial Affairs.
- Health and Welfare.
An LPA comes into effect when you lose mental capacity, enabling your chosen Attorney to act on your behalf. While many people choose family members or close friends as their Attorneys, appointing a professional (like a lawyer) can offer distinct advantages.
Why Choosing a Professional Attorney is a Smart Decision
1. Legal Expertise and Experience You Can Rely On
Lawyers are professionally trained and understand the complexities of the law, especially in managing someone’s affairs. The Private Client Services Team at Blanchards Bailey is highly experienced in the day-to-day management of property and financial affairs, as well as making best interest decisions for individuals who lack capacity.
Professional Attorneys can navigate complex financial matters, property transactions, tax issues, and legal challenges that may arise during the course of managing affairs. These are areas where a lay Attorney, i.e. a family member, may find it much more difficult and stressful.
Furthermore, they have a clear understanding of the Mental Capacity Act 2005 and are governed by the legislative framework contained in the Act. The Attorneys must act in a way which involves you in decisions, assumes you have the capacity to make those decisions, until it is proven that you do not. They must also always act in your best interests.
2. Impartiality to Avoid Family Conflict
Family relationships can be tricky. Appointing a lawyer as your Attorney helps avoid potential conflicts between family members or friends. The lawyer will act as a neutral third party, focusing only on your best interests, without any bias, emotional influence, or personal interest. This is particularly valuable when family dynamics are difficult and unpredictable. A Professional Attorney will act independently and can mitigate any disagreements about the management of your affairs.
3. Peace of Mind Through Accountability and Transparency
Professional Attorneys must follow strict professional standards and regulations. They are regulated by professional bodies such as the Solicitors Regulation Authority and CILEX regulation. This ensures they:
- Keep accurate records of your affairs and decisions.
- Act with complete transparency.
- Safeguard your assets.
This high standard of accountability gives you reassurance and confidence that your affairs are managed responsibly.
Lawyers also have an absolute duty to act in every client’s best interests and therefore, any decisions made on behalf of a client are solely guided by this principle.
4. Why Trust Matters When Appointing an Attorney
It is imperative that you appoint Attorneys that you can completely trust to act in your best interests regarding your finances and welfare. You need to carefully consider whether your proposed Attorney will have the ability to fully understand their responsibilities of acting as an Attorney and their capacity to make sound judgments. Professional Attorneys are people you can appoint with trust, due to their high standard of regulation, as set out above.
5. A Consistent Support from a Dedicated Professional Attorney
When appointing family or friends, they may become unavailable or unwilling to act as Attorneys due to personal reasons. A Professional Attorney’s circumstances are much less likely to impact their appointment as your Attorney. They will be able to provide consistent support.
6. Professional Attorneys are a Solution When You Have No One Else
Many individuals do not have family members or close people who can act as an Attorney. Appointing a Professional Attorney is a great alternative to ensure decisions are not left to the Local Authority in the unfortunate circumstance of losing mental capacity.
7. Appointing a Replacement Attorney for Future Protection
Professional Attorneys are often sensible Replacement Attorneys for an LPA. Essentially, this means that if your inititally chosen Attorney(s) are unable or unwilling to act, the replacement professional can step in. Appointing replacement Attorneys further helps to future-proof your LPA.
How We Can Help
At Blanchards Bailey, our Private Client Team provides expert advice on Lasting Powers of Attorney tailored to your individual circumstances. We support clients across Dorset in making informed decisions about their property and financial affairs, as well as health and welfare arrangements.
If you would like further assistance, please contact us:
Email: blandford@blancharedsbailey.co.uk
Telephone: 01258 459361
You can also visit the Powers of Attorney page on our website for more information.
So, how can we help?
Whatever your requirements, our team is standing by.
Call us today on
01258 459361