As we know, every individual is unique and must be considered on a case-by-case basis, and all needs vary. However, in order to make a Lasting Power of Attorney, the Donor needs to understand the effects of putting the Powers in place. 

We are contacted often by loved ones of the intended Donor, parents and family members of carers who want to ensure they are protected and that their money is used in their best interest. 

However…the decision MUST be made by the DONOR.

A Certificate Provider will meet with the intended Donor and go through, carefully and sensitively, the current circumstances and ask questions in relation to their individual circumstances and personal affairs, as well as current affairs in the news and media, to ascertain their general capacity and mental wellbeing. 

If the Certificate Provider is content that the intended Donor has capacity, and understands the importance of the Lasting Power of Attorney and the extent of the Power that they are giving to their Attorneys, then the Certificate Provider will sign their section of the Lasting Power of Attorney and, following all of the necessary signature, this can be sent to the Office of the Public Guardian for registration. 

When registering a Lasting Power of Attorney, it may be necessary to notify people that an application is being made, this is often necessary to protect the Donor. Notification can be given to up to five people, although this cannot be given to those that are being appointed as the Attorneys. This provides extra security for the Donor and allows the person, or people, being notified of the intended registration the opportunity to object to the Power being registered for any of the following reasons:-

• if they believe that the Donor does not have mental capacity;

• if the person being notified has a genuine belief that the Donor was under undue pressure to give the Power or is a victim of fraud;

• if the person being notified has a genuine belief that the Attorney would act in a way that is beyond their powers under the Power or would not be in the best interests of the Donor;

• if the Donor of the intended Attorney, or Attorneys, have already passed away;

• if the Donor and intended Attorney were married or in a civil partnership and this has now ended;

• if the intended Attorney does not have the mental capacity to be appointed as an Attorney;

• if the Attorney is bankrupt;

Having both Lasting Powers of Attorney (one in relation to health & welfare and another in relation to property & financial affairs) in place means that, the Donor is able to appoint the people they know and trust, whilst they are still of sound mind to make such a decision, to make decisions for them when they are unable to do so for themselves. This can remove the unnecessary stress from both them and their loved ones and help to manage their day-to-day life much easier.

So, as you can see…

There is no straight YES or NO to the question of whether a Lasting Power of Attorney can be put in place for someone with Additional Needs but we are more than happy to have a chat with you or your loved ones about doing so. We are trained to deal with such circumstances and have many years experience in dealing with sensitive situations.

We are always happy to have a chat with you about putting a Lasting Power of Attorney in place, the Powers that are available and whether this is still a viable option for either yourself or a loved one.