Power of Attorney
A power of attorney is a document which gives a person the power to make decisions on behalf of another regarding their finances, property, welfare and day to day living.
The person taking responsibility is known as the attorney, and the person giving it away the donor.
A power of attorney is a legal document, which should be checked over by a solicitor.
There are two different types of power of attorney:
- General / Ordinary: To be used when a donor will be unavailable for a period of time, e.g. managing their bank account while they are travelling.
- Lasting: To be used when a donor has lost or does not have the capacity to make decisions about their life.
An attorney is required to act in the best interests of the donor, and is governed by several codes of practice.
An ordinary power of attorney will usually end at a specific time, cannot to be registered anywhere and will be automatically void if the donor loses their mental capacity.
Lasting Power of Attorney (LPA) is used in situations where a donor is no longer able to make these decisions for themselves, or wants to be prepared for this eventuality.
There are 2 main types of LPA:
- Financial Affairs: gives an attorney power to sell a donors house and manage their bank account and other financial affairs.
- Health and Welfare: Concerned with decisions about where a donor will live, how they will be cared for and any medical treatment they receive.
These must be registered with the Office of the Public Guardian (OPG) before they can be used.
An attorney can be registered by a donor while they have the capacity to do this, or an attorney can apply to the OPG at any time.
There is no limit to the number of people who can be appointed as a person’s attorney, and the powers can be removed at any time using a deed of revocation.
For further advice about power of attorney and issues surrounding it contact a solicitor now.
