If I make a Power of Attorney, do I still make my own decisions? While you have ‘Mental Capacity’ YES, you will continue to make your own decisions but an accident or illness can affect our ability to make decisions (at any age) and may lead to someone else having to help or even make some decisions on your behalf in the future.

Choosing an Attorney/Attorney’s to manage your decisions, should there be a time when you are not able to, can help give peace of mind. It can save money and make sure that those caring for you know your wishes if they are having to make decisions in your best interests.

This is for financial affairs and is valid while you have mental capacity. It is suitable if you need cover for a temporary period for example a hospital stay or holiday, or if you find it hard to get out, or you want someone to act for you.

Someone with an EPA can help to make or make decisions about someone’s property and money providing it was made and signed before October 1, 2007. After that date donors had to make a Lasting Power of Attorney and should be registered if the donor is losing or has lost ‘Mental Capacity’ for financial decisions.

Lasting Power of Attorney (LPA) are a way of giving someone the legal authority to make decisions on your behalf if you lack mental capacity at some time in the future or no longer wish to make decisions for yourself. There are two types of LPA: Finance/Property and Health/Welfare. A LPA can only be made while you have the ‘Mental Capacity’ to assign an Attorney.

If a person has lost the capacity to choose an ‘Attorney’ and a legal representative has not been appointed there may be a need to apply to the Court of Protection who will appoint a Deputy.

• Who would manage your finances or health decisions if you are no longer able to?
• Do you have an Enduring or Lasting Power of Attorney?
• Have you made a will or set out your wishes for your care, death, property or family? Does someone know your wishes and where to find them when the time comes?
• Would you like help to make plans for the future, make sure your loved ones are provided for or inherit what you intended them to?

Someone lacks capacity if their mind is impaired or disturbed in some way, which means they're unable to make a specific decision at that time. If you are not sure what this means or need an independent 'Mental Capacity' assessment please get in touch

That will depend on the decision that needs to be made.  It may be a day to day task that a family member or carer can make a judgement on for example having a wash or eating breakfast or it could be that a professional needs to assess capacity for something more important for example a Court of Protection application or if a move into care is needed. If you need an independent mental capacity assessment we can arrange that for you, please get in touch

The Mental Capacity Act sets out a 2-stage test of capacity: 1) Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use? 2) Does the impairment mean the person is unable to make a specific decision when they need to? If you need an independent mental capacity assessment we can arrange that for you, please get in touch

That will depend on a number of things. What does 'Mum' want? Does she  have the 'Mental Capacity' to make this decision for herself, are you going to need financial help, either now or in the future? If you are not sure, please get in touch

Yes, you can make your own Will and  you do not have to have a Solicitor to make or witness a Will but it is generally advised to get some help or at least get it checked to make sure it it will have the effect you want. It is also worth thinking about some of these things - Are you sure you haven't already made a Will?Where is your Will kept and does anyone know where it is!? Does your Will  need updating? If you aren't sure where to start please get in touch. 

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