powersofa
Our guide to powers of attorney
A Power of Attorney is a document by which one person appoints another to do specific acts for them or to look after their affairs generally. There are different types
GENERAL POWER OF ATTORNEY
This is a straightforward document but is only usable whilst the person making the appointment continues to have legal capacity. This means it will cease to have effect if the person making it suffers mental or physical illness or injury which stops them being able to continue to consent to the ongoing use of the power of attorney.
LASTING POWER OF ATTORNEY
This is the new type and, if correctly prepared, it will continue to be effective (last) even if the person who made it ceases to be able to consent to the ongoing use of the Lasting Power of Attorney or to deal with their affairs themselves. There are two types of Lasting Power of Attorney, one is for Property and Affairs, which deals with a person’s property and financial affairs and the other is for Health and Welfare, which deals with such things as how a person wishes to be looked after if they are unable to say so themselves at the time. You can make either of the two types at the same time, or separately. If you have not made a Lasting Power of Attorney or the earlier type - an Enduring Power of Attorney (of which more see below) and you become unable to manage your own affairs, someone will have to apply to the Office of the Public Guardian to be appointed as a Deputy of your affairs. This can be time consuming and expensive and there are continuing obligatory formalities to be dealt with every year and expenses to be paid, often for the rest of the person’s life.
ENDURING POWER OF ATTORNEY
These are the forerunner of the Lasting Powers of Attorney, but can no longer be made. However, if one was correctly prepared before or on 30 September 2007 then it will continue to be valid and usable.
General considerations
The person you appoint to be your attorney can be your husband or wife, your son or your daughter, other relative, a trusted friend or a professional such as ourselves, or a combination of these people. Please contact us to discuss your requirements. We can act as your attorney, either solely or together with a close family member or friend. This ensures that our professional expertise and protection will always be available when needed.These are just some of the aspects of creating a new Power of Attorney and dealing with existing ones that we can help you with:
- What is suitable for your needs
- Why and when
- Whether more than one attorney is needed
- Who to appoint
- In what circumstances the attorney is to act
- What the attorney can do for you
- How you can cancel a Power of Attorney
- What your responsibilities are as an attorney
- To what extent you are responsible for the attorney’s actions
- When the Office of the Guardian needs to be notified
- What your responsibilities are to the attorney
Please telephone us on 01322 558811, without obligation, for a free initial discussion.