A Power of Attorney is a legal document that authorises others, known as your attorney or attorneys, to act on your behalf. There are several types of Power of Attorney and the one you need depends on your circumstances and what you want it to cover. You may need more than one type. A Power of Attorney must be created while you are able to make decisions and understand what you’re doing.
A Power of Attorney must be created while you are able to make decisions and understand what you’re doing. Generally, you can choose one that will cover your health and personal welfare decisions or one that will cover your financial decisions, or you can choose to have both.
Because you may be signing over decisions about your assets and finances, and how you will be cared for if you lose the mental capacity to make your own decisions, choosing your attorney needs careful thought.
Your attorney(s) must be trustworthy, organised, and willing. They must be aged 18 years or older (16 in Scotland) and have the mental capacity to make decisions about what’s best for you. They can be family, friends, a spouse or partner, or a solicitor.
In some cases, someone who is bankrupt may be barred from acting as an attorney involving financial affairs. You should discuss the duties and responsibility involved with those you have in mind before deciding.
Our service enables you to have your document reviewed by one of our wills specialists to provide extra peace of mind. You can also call or email our wills specialists with any questions you may have as you complete your forms.
Our Power of Attorney service includes guidance notes on what to do and to consider when completing your Power of Attorney. We also advise our customers to refer to the Office of the Public Guardian’s guidance notes.
Scottish customers should refer to the guidance notes provided by Office of the Public Guardian (Scotland) and customers from Northern Ireland should refer to the guidance notes provided by Department of Justice (Northern Ireland).
If you don’t make an LPA, and later become unable to make certain decisions for yourself, there may be a time when no one can legally make decisions for you. This can make things difficult, such as paying bills or care costs, or making decisions about your future care.
If this happens, someone may need to apply to the Court of Protection to become your deputy. This gives them similar powers to that of an attorney. A relative or friend can apply to be your deputy, or a professional may be appointed. The process of becoming a deputy is a lot more time-consuming and expensive than an LPA. A deputy must also do some things on an ongoing basis, such as paying an annual fee and submitting an annual report, so it is usually easier for someone to be an attorney rather than a deputy.
For more information and an easy to understand, no obligation conversation please call 0330 8080 453 or contact us.