Can I continue to act on my own behalf although I have a Lasting Power of Attorney?
If you have made and registered a Lasting Power of Attorney you are still in control of your own affairs. You are in control until such a time that your capacity is impaired, and it will be from that point that your attorneys begin to act under the power.
Once your attorney is acting on your behalf, they can make decisions regarding your property and affairs without consulting you however, they must act in accordance with instructions contained within your Power of Attorney.
They will always consider the Mental Capacity Act when faced with a decision regarding your affairs and those decisions must be made in your best interest and must maximise and protect your estate.
Due to the broad power vested in your attorney it is vital that you make well-informed decisions regarding who you choose to appoint and that you trust them implicitly.
The Office of the Public Guardian oversee registered powers of attorney and would investigate any concerns regarding any abuse of a power.
If you have any questions about a Lasting Power of Attorney, whether you need to make one and how to do so, please contact Louise Rudkin on 01302 308669 or email Louise at email@example.com.