Power of Attorney
Dealing with Powers of Attorney
Whether you are granting Power of Attorney to another person or acting as Attorney for someone else, professional advice is important.
A Power of Attorney is a legal document that gives a person the power to take decisions about the financial affairs or health and personal welfare of another person. This can be a temporary arrangement, for example letting someone look after your affairs while you are away for an extended period. It may need to be something more permanent, for example if someone has a serious illness and is unable to manage their own affairs.
In England and Wales, the two most common types of Power of Attorney are:
- Ordinary Power of Attorney - this is usually created for a limited period of time and can be granted for general use or for a particular transaction or purpose. The arrangement is usually temporary and the document does not normally have to be registered with the Court or the Office of the Public Guardian. An Ordinary Power of Attorney ceases to be legally effective if the person making it loses their mental capacity to make decisions
- Lasting Power of Attorney - this replaces the Enduring Power of Attorney and allows people to appoint someone to look after their financial affairs or make health and personal welfare decisions, particularly when they lack the capacity to make those decisions themselves. This arrangement must be registered with the Office of the Public Guardian.
In either case, we will ensure that the document is properly drawn up, signed and registered where necessary. We will also meet the parties to the document, explain responsibilities and give any necessary advice on the suitability of a person selected as Attorney.
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