How to Start Acting as an Attorney with an LPA

If you have been named as an attorney in a?Lasting Power of Attorney?for someone close to you, you will no doubt be very aware that there may come a time when you will need to step in on their behalf.

The process of starting to use an LPA is relatively straight-forward. However, it’s wise to take the time well before you need to in order to familiarise yourself with the process and ensure you are prepared.

Of course, in many cases, an LPA is never needed. However, if there does come a time when it is, supporting your loved one will be a great deal easier with an LPA in place than it would be without.

How do you know when it’s the right time?

One of the most difficult parts of starting to act as an attorney is deciding when is the right time to do so. In most cases, you will only be able to start using an LPA once the person who made it has lost?mental capacity. This means they are no longer able to make decisions for themselves.

There isn’t necessarily a black and white rule for determining when someone has lost mental capacity. It may be that your loved one is still able to make some kinds of decisions reliably, but not others.

Generally, when considering mental capacity, you should consider whether the individual is able to manage all parts of the following process:

1. Understand the scope of the decision they are making.
2. Understand all the information they will need to make that decision.
3. Remember all relevant information.
4. Weigh up the information in order to make the decision.
5. Communicate that decision in some way.

It’s important to remember that just because someone is making what you consider to be a poor or out of character decision, it doesn’t necessarily mean that person has lost mental capacity. It’s also important to keep in mind that you have a legal responsibility to make all possible efforts to support the person in making their own decisions before you decide to start using an LPA.

In cases where determining capacity is not straightforward, you may wish to...Read more