When a person lacks the mental capacity to make decisions it may mean that somebody else will have to make decisions for them. In anticipation of this, it is often be prudent to contact an experienced solicitor to assist in the drawing up of Lasting Powers of Attorney.
People can lack mental capacity for various reasons. Many personal injuries, disorders and conditions can affect the way that the mind works and cause someone to have difficulty in coming to a decision.
If a particular decision needs to be made, the subject’s mental capacity should be considered at the time of that decision. The assessment should never be based solely on age, appearance, assumptions about their condition or any aspect of their behaviour.
Instead, an assessment should always begin on the assumption that the person does have the mental capacity to make the decision.
If the person decides upon something that is not agreed with by potential beneficiaries, it should not automatically be assumed that the subject is mentally incapacitated.
A solicitor, with the second opinion of a doctor or other appropriate professional where required, is able to decide if a person is unable make decisions for themselves. If there is any disagreement, The Court of Protection has the power to make the final decision.
If a person does lack the mental capacity to make decisions, a representative (the attorney) can be appointed under Lasting Powers of Attorney and they will be able to make any decisions on behalf of that person.
When a decision does have to be made by an attorney under Lasting Powers of Attorney, it should always reflect that person’s best interests. An attorney is chosen to ensure the personal welfare of that particular person.
The subject should be widely encouraged to participate in the decision making process, and their past and present feelings, beliefs and wishes should always be taken into account.
An attorney should also consider the views of others who are close to that person and all beneficiaries.
Drawing up Lasting Powers of Attorney with George Ide
The solicitors at George Ide have many years of experience in providing clients with quality legal advice and representation. Drawing up Lasting Powers of Attorney with us is a safe way for you to maintain control over the decisions made for you.
Serious consideration is required when drawing up Lasting Powers of Attorney and the help of an experienced solicitor can help ensure that your wishes will be carried out to the fullest extent possible.
To discuss ways in which decisions could be made on your behalf in the case of you being unable to make them yourself, contact us at our offices in Chichester and we will be happy to help.
If you would like to find out more about our excellent team of solicitors, please click on one of our featured solicitor profiles.