Atlanta attorney
Being employed as attorney in atlanta - a good profession to service mankind
Every individual on earth faces some problem or the other. Individuals themselves could sort many of them out. But there are certain problems, which needs the interference of a third party. For eg. a court. So, who acts as a mediator between individuals and the court. It is the attorney s. Now, who is an attorney - An attorney is a lawyer, who advises or represents others in legal matters as a profession. The portion of globe, which now grabs our attention, is the city of atlanta.
Atlanta is the most populous city in the state of Georgia. It is also the capital of Georgia. There are a number of white-collared jobs in atlanta. Practicing as an attorney is one of them. There are various types of attorney s in
Atlanta; namely Personal welfare attorney, Property and affairs attorney, Patent attorney , Business attorney , Divorce attorney, Bankruptcy attorney s and so on. We would now have a look at some of them.
Practicing as an attorney should not be viewed only as a commercial profession, but it should also be viewed as a noble profession, which helps in guiding people who lack expertise in planning their future and take care of their individual requirements. Today, we will throw light on how attorney s in atlanta help people and serve mankind in a better way.
Before we proceed further, we must understand the mental capacity act.
This act was basically designed to help people who may lack the capacity to make proper decisions for themselves. People could also plan ahead for a time when they may lack such capacity. This act covers all major decisions about someones property and affairs, healthcare treatment and where the person lives, as well as everyday decisions about personal care (such as what the person eats), where the person lacks capacity to make those decisions themselves. Therefore, this act enables people to depute someone (an attorney ) to manage not only their finances and property should they become incapable, but also to make health and welfare decisions on their behalf. The only legal document, which would make this possible, is a Lasting Power of attorney (LPA.)
Now, obviously the following questions would hit our mind. Who can be an attorney ? And who can make a LPA?
First, we will have a clear understanding about LPA. A LPA is a legal document, which allows a person (the donor) to choose someone (the attorney ) whom they trust to make decisions on their behalf at a time in the future when they either lack the mental capacity or no longer wish to make those decisions themselves. A LPA could be made with regard to donors property and affairs or about their personal welfare. Therefore, making a LPA is only answer for those who intend planning their future, when one lacks capacity to make decisions for themselves. However, an LPA could be used only after getting it registered with the Office of Personal Guardian (OPG.) OPG maintains record of all LPA\'s that are registered.
Who can be an attorney Anyone satisfying the following can be appointed as attorney s.
(a) Anyone aged above 18 and not bankrupt when they sign the form.
(b) One can choose to appoint more than one attorney's. In such a case, the Lasting power of attorney must clearly specify which decisions need to be taken together and which decisions must be taken independently.
(b) The most important virtue that an attorney must possess is that they must act in capacity with the Mental capacity Act, when they are making decisions or acting on donors behalf.
Now, who can make LPA?
Anyone aged 18 or above, with the capacity to do so, can make an LPA appointing one or more attorney s to make decisions on their behalf. An LPA cannot be made jointly with another person. Therefore agreeing to become an attorney means taking on an important role. Ones role as an attorney depends on the type of LPA they have been appointed under. One could be made as a 1) Personal welfare attorney (or) 2) Property and affairs attorney. Let us look at each one of them in detail.
1. Personal Welfare attorney
Here the attorney can take decisions on the donors behalf regarding their personal welfare only when the donor lacks capacity to make those decisions themselves. Once the LPA is registered, the attorney will be able to make personal welfare decisions that the donor could have made themselves before they lost the capacity to do so. The degree of freedom in making decisions independently regarding personal welfare of the donor, depends on the type of LPA. Certain decisions could be made singly whereas there are certain decisions which need to be taken with other attorney s. Also, the attorney needs to strictly comply with the restrictions that have been included in the LPA.
2. Property and Affairs attorney
As the name suggests, the attorney in this case would take care of the donors property, and maintain vouchers of each and every pie spent in the donors welfare. Here, the striking difference with that of the previous case is that, the attorney could decide on the donors behalf even when they have the capacity to make themselves, unless the donor has included a restriction in the LPA that the attorney would have the deciding authority only when they lack capacity. Like the above case, the attorney could decide independantly depending on the type of LPA, and should also adhere to the restrictions imposed thereon.
We all know that authority and responsibility always go together. attorney s have the maximum authority in making decisions for the donor; so they obviously have some responsibilities to be fulfilled while making those decisions.
We have listed out some of the duties of an attorney as per the Mental capacity act:
1. To act in accordance with the acts principles- in particular to act or make decisions in the donors best interest;
2. To act only within the scope of their authority as attorney
3. To carry out instructions as required by the LPA
4. Not to benefit themselves but to benefit the donor in particular avoiding conflicts of interest and in particular not profiting or acquiring personal benefit from ones position:
5. A duty of good faith, which means to act with honesty and integrity
6. Not to give up the role without telling the donor and the court.
7. To keep donors money and property separate from their own:
8. To keep accurate account of ones dealings as an attorney
Now I know what is running in your mind. Since the job of an attorney is a very responsible post, does it require any supervision so that powers are not misused? Is there any penalty if anyone fails to carry out their duties. The answer is obviously yes.
Here, we have a Court of Protection to make decisions in relation to property and affairs, healthcare and personal welfare of adults who lack capacity in making decisions themselves. The court generally doesnt supervise attorney s but if concerns are raised about the actions of an attorney , then the court would investigate or refer it to another agency (the Police). If an attorney does not perform their duties properly, they may be ordered by the court to compensate the donor for any losses they may have to suffer. If attorney s are found ill-treating or wilfully neglecting their donors, they can be found guilty of a criminal offense. The penalty for such an offense is a fine/ or a sentence of imprisonment of up to five years. The court of protection has also powers to issue directions to attorney s and require them to produce information (especially produce the book of accounts if they are acting under property and affairs LPA.) The court can also cancel the registration of the LPA if there is sufficient evidence that the attorney has not acted in the donors best interests.
Thus, we see that attorney s in atlanta play a significant role in serving the mankind.
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