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Power of Attorney

Have you thought about what would happen to your affairs if you were unable to handle them yourself, whether through mental incapacity, or simply being away from home?

A Power of Attorney enables you to choose someone you know and trust to make financial and property decisions on your behalf, and by restricting the types of affairs they can manage, you can still retain some control if you wish.

Following the introduction of the Mental Capacity Act 2005, on the 1st October 2007, two types of Powers of Attorney are now available in England and Wales.

Lasting Power of Attorney

There may come a time when, whether through accident or illness, you are incapable of managing your property and affairs, and may need someone to do it for you. A Lasting Power of Attorney (LPA) enables you to formally appoint a friend, relative or professional to make financial, property, health and welfare decisions on your behalf.

The Property and Financial Affairs LPA can be used to manage your finances and property while you still have capacity, as well as when you lack capacity, although it can only be used once it’s registered with the Office of the Public Guardian (OPG).

The Health and Welfare LPA allows decisions regarding your personal healthcare and welfare to be taken by somebody else when you lack the capacity to make them for yourself; for example if you are unconscious or because of the onset of a condition such as dementia.

For further information on Lasting Power of Attorney view our Lasting Power of Attorney Guide

General Power of Attorney

Even if you are mentally capable of looking after your own financial affairs, there may be a time when you need someone to deal with them for you, for example: if you are going overseas for a long period of time. A General Power of Attorney (GPA) allows you to appoint a friend, relative or professional to handle your finances and property on your behalf, whilst you still have mental capacity.

The powers you give your Attorney are very wide and include the ability to do anything you could do with your finances and property, unless you decide to restrict what they can do. Your GPA can be operated under your direction if you wish, for example, if you are in hospital and you wish your Attorney to write some cheques for you.

For further information on General Power of Attorney view our General Power of Attorney Guide

To apply

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