There are various reasons why you may need to assign someone to make decisions for you or act on your behalf. This can be a temporary situation, such as a time when you may be in hospital and you need help with everyday tasks like paying bills. Also, in some cases, you may need to make long-term plans in case you lose the mental capacity to make your own decisions in the future. As a result, your power of attorney can make these decisions for you. Today we will discuss what you may need to do in case you want to take a power of attorney away from someone.
What Is Power Of Attorney
A power of attorney is a type of legal document that enables an individual to nominate one or more people to make financial and medical decisions on their behalf, should they be unable to do so. The person assigned to act on someone else’s behalf is called an attorney, and the person who makes a power of attorney document is called a donor. When choosing to appoint an attorney, you are providing them with a great amount of power, so it’s crucial to make the right decision. Consequently, donors often select family members or close friends, and in some cases, they may appoint a solicitor.
Can You Take Power Of Attorney Away
Even if you think you know someone, something might happen and lead you to believe that you have made the wrong decision. As a result, you can request the help of an experienced solicitor, who specialises in Court of Protection problems, such as removing attorneys. For example, Hugh James is a reputable law firm, that can support you in resolving your Court of Protection dispute, thanks to their significant experience in removing attorneys. Their expert team will help you understand different examples of behaviour, that may warrant an application to take power of attorney away from someone.
What Types Of Power Of Attorney Are There
There are three main types of powers of attorney that you should know about. An Ordinary Power of Attorney enables a donor to delegate decision-making powers to an attorney for a shorter period of time, which may refer to a period of ill health or a period when they will be away from their home. However, a Lasting Power of Attorney allows a donor to assign an attorney on a long-term basis should they no longer have the mental capacity to do everyday tasks. Lastly, an Enduring Power of Attorney covers only decisions about your property and financial affairs.
Who Can Be Your Power Of Attorney
From a legal point of view, you can appoint anyone to be your power of attorney. The only factor that might influence you at this point is your state of mind. For example, if there is evidence that you are being forced to make someone your power of attorney against your will, it is unlikely that your agreement will go through. However, most of the time you can make anyone your power of attorney, so it’s crucial to take your making this decision and evaluate your options. The person that you choose should be someone you can trust to make good decisions on your behalf.