Power of attorney


Power of attorney is a legal tool that can be used by someone who wishes to allow someone else to manage their affairs. Commonly power of attorney is used in situations where it becomes too difficult for someone to make trips out to the bank to manage their financial affairs, or they are too ill or confused to make important decisions about their future.
Power of attorney is also often used when someone is diagnosed with an illness, and they decide to delegate the administration of their affairs to someone else in advance of them becoming too ill to make decisions. Power of attorney may also be used when someone is planning to travel abroad for a prolonged period.

'Donor' and 'attorney'

When someone makes a power of attorney they are known as the donor, the person they appoint to manage their affairs is known as the attorney. There are different types of power of attorney depending on the amount of authority the donor wishes to delegate, in some cases the attorney can only deal with simple matters like the banks, in other cases the attorney can make important decisions such as where the donor should live, or whether they should continue receiving medical treatment.

Ordinary power of attorney

Ordinary power of attorney is one type of power of attorney that is useful in situations where the donor retains and expects to retain their mental health. Ordinary power of attorney is commonly used to manage financial and property matters in situations of physical illness or if going abroad for a long time.

Lasting power of attorney

Lasting power of attorney is another type of power of attorney, used in situations where in addition to financial delegation a donor also wishes to allow their attorney to deal with personal welfare matters. Lasting power of attorney must be registered by your solicitor at the Office of the Public Guardian, and is used when the donor is in danger of losing their mental capacity. 
Lasting power of attorney can be used either for personal financial and property matters, or for personal welfare matters. It can also be drafted to cover both financial and welfare matters.
Power of attorney is a complex legal instrument that should only be considered with assistance and legal advice from an experienced solicitor. Power of attorneys need not be forever, and your solicitor will also be able to advise you on how to bring a power of attorney to an end.
If you would like to obtain legal advice on power of attorney, Caven can put you in touch with a local specialist solicitor free of charge. So, if you have any questions or would like our help in finding local solicitors please call us on 08001 221 2299 or complete the web-form above.
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