When people discuss Lasting Powers of Attorney, the conversation often focuses on money.
Who will manage it.
How it will be protected.
Whether it might be misused.
These are important questions, but they are not the most important question.
At the heart of every LPA is a person. Someone with preferences, routines, values, relationships and strongly held views about how they wish to live their life.
The purpose of an attorney is not simply to manage finances. It is to support the individual and, wherever possible, to give effect to their wishes.
The Mental Capacity Act is built on an important principle:
A person should not be treated as unable to make a decision simply because they make a decision that others regard as unwise.
That principle recognises something fundamental.
Autonomy matters.
Dignity matters.
Choice matters.
Even where someone requires support, the goal should never be to take control unnecessarily. It should be to preserve independence for as long as possible and to respect the individual behind the decision. The same principle applies to those who support them.
Not every situation requires family members to shoulder every responsibility alone.
Sometimes a spouse who has never managed the household finances needs support.
Sometimes an adult child is trying to balance caring responsibilities, work and family life.
Sometimes friends and relatives simply want reassurance that they are making the right decisions.
Support does not have to mean replacing family involvement.
Very often, it means helping families carry responsibility with greater confidence.
Perhaps that is something we should remember more often when discussing LPAs.
The objective is not simply to protect a person’s assets.
It is to protect the person themselves.
And sometimes the best way to achieve that is by ensuring that neither they, nor the people who care about them, have to navigate the journey alone.
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