WINTERBORNE LEGAL SERVICES
If you have looked at the forms which are used for creating Lasting Powers of Attorney, you will no doubt have realised they are lengthy and perplexing and contain a lot of terms with which you are probably not familiar.
Although you will know what is meant by the words ‘preferences’ and ‘instructions’ you may not be clear about how preferences and instructions are relevant to creating a Lasting Power of Attorney.
So, what are preference and instructions?
Preferences and instructions are matters you would like your Attorneys to think about before they make any decisions on your behalf.
This is your opportunity to give your Attorneys written details of what is important to you and how you would like them to make decisions for you.
This guidance could be about where you would like to live, or how you like your money to be managed, or when your home should be sold.
As well as guidance, preferences and instructions can be used to give your Attorneys specific authority which they may need to help them when they are making decisions on your behalf. For example, it may be helpful for your Attorneys to have access to your medical records if they were making decisions about paying for your care.
Your Attorneys may wish to carry on making gifts from your money in the same way you have always done. However, they have limited powers to make gifts if you no longer have capacity to approve those gifts.
Your Attorneys are permitted to make gifts on anniversaries such as birthdays and weddings. They are also permitted to make gifts on any other occasions when it is usual to give presents to family and friends, such as Christmas.
They are able to give gifts of your money to any charities which you supported.
The value of these gifts must be reasonable both in relation to the amount of money you have and the circumstances.
You cannot give your Attorneys authority to make larger gifts of your money, but you can use the instructions section of your Lasting Power of Attorney to restrict the giving of such gifts.
Moving into Care
Seling Your Home
Many people are reluctant to leave their home to move into care, and even when they have moved permanently into a care home may still be unhappy about selling their home.
You can give your Attorneys guidance in your Lasting Power of Attorney about the circumstances in which you would like your home to be sold, if this is important to you.
Your property and finance Attorneys will deal with arranging for the sale of your home and paying for your care. But your health and welfare Attorneys will be the people who are able to decide where you will live and in which care home.
There may be other issues which are important to you and where you would like some advice before making a Lasting Power of Attorney.
Using the free enquiry form below