Creating a UK power of attorney will help to ensure that your interests are protected if you lose the mental capacity to make decisions for yourself.
You must be 18 years or over, with mental capacity, when you make your LPA.
Here, we clarify some power of attorney misconceptions. You will find information about creating powers of attorney online, at sites such as https://powerofattorneyonline.co.uk/.
Only the elderly need a Power of Attorney
This is a common misconception about powers of attorney. Although you might think that it is only when you reach a certain age and are concerned about your ability to make decisions for yourself, it is impossible to predict when an accident or illness might strike to limit your mental capacity. You must have the mental capacity to create a power of attorney and be confident that your chosen attorney will act in your best interests.
My attorney can make any decision on my behalf
This is not the case, since you can draft your power of attorney in a way which sets limits on which decisions can be taken on your behalf. You can create a financial and property LPA alongside a health and welfare LPA, and choose different attorneys if you wish. In either case, the attorney must act in your best interests. Consequently, it is important to choose someone you trust. If you have mental capacity, you can always revoke this power.
A Power of Attorney is still valid after the donor’s death
However you have drafted your power of attorney, and the powers you have given the attorneys, all of those powers and the document itself expire on your death.
I cannot revoke a power of attorney if I regain mental capacity
Provided you have mental capacity, you can revoke the LPA you created. Otherwise, only the Court of Protection can do so on your behalf. It may be that you lost mental capacity due to an illness or an injury, but once you have recovered the ability to make your own decisions, you can take action to end the arrangement.
