If I make a Lasting Power of Attorney now, does that mean I won’t be able to make decisions anymore?
No. The purpose of the forms is to allow people to continue making decisions for themselves, as long as they are able to, whilst giving your Attorneys the legal authority to make decisions on your behalf in the future.
With the Financial Decisions Lasting Power of Attorney, you can choose to allow your Attorneys to use the document straight away, or only in the event that you do not have capacity. The most common option that our Lasting Power of Attorney Solicitors find that people chose is to allow their Attorneys to use the document straight away, otherwise they may be asked to prove that you no longer have capacity every time they use the document.
This doesn’t mean, however, that you no longer have a choice or you’re unable to make decisions; it simply means that your Attorneys can use the document at your direction. For example, if you are physically less able than you used to be, but you are mentally still capable, you could ask your Attorneys to use the document to carry out day-to-day tasks on your behalf.