Powers of Attorney

There are different forms of Powers of Attorney that can be made:-

An ordinary Power of Attorney

This is a document that is often used by a person who wishes to give the power to somebody else to sign documents or decisions regarding a particular matter on their behalf if, for example, they are out of the country. These forms of power will only last for 12 months and are automatically revoked if the person making the Power of Attorney (“the donor”) loses mental capacity.

Enduring Powers of Attorney

These documents were made to enable a person to handle another’s affairs should the donor lose the capacity to do so in the future. Enduring Powers of Attorney can no longer be made after 31 October 2007 but those made before that date are still valid and can be used.

Lasting Powers of Attorney

These can be made since 2007 and have an advantage over Enduring Powers of Attorney in that they provide the facility for a substitute attorney to be appointed to deal with a person’s affairs should the person first named be unable to act in that role if the donor loses capacity in the future.

There are two types of Lasting Powers of Attorney – one that deals with a person’s financial affairs and another that deals with their health and welfare.

We would always recommend that a person considering making a Lasting Power of Attorney takes professional advice beforehand so that the implications of what is being done including: considerations of whether any restrictions should be inserted into the document; whether attorneys should act jointly or separately; if the health and welfare of the attorney is being considered; whether there are requirements regarding end of life decisions and also wishes regarding welfare and support.

Our specialist team can assist in providing the professional advice required and also:

Draft the Lasting Power of Attorney.

Act as a certificate provider to confirm that the donor has the appropriate capacity to make the Power of Attorney.
Register the Lasting Power of Attorney with the Office of the Public Guardian.