Powers of Attorney

A power of attorney (PoA) is a legal document that enables someone to appoint attorneys of their choice to make decisions on their behalf should the become incapable of making their own decisions through physical or mental incapacity. Attorneys can be family members, friends or a professional.

There are different types of PoA such as:

• An ordinary power of attorney - This type of PoA is effective as soon as it is signed but ends when the donor (the person who made the PoA) loses their capacity. An ordinary PoA is particularly useful for short-term needs, such as when the donor is away or temporarily unable to manage their affairs. It can also be handy to have whilst a lasting power of attorney is being made.

• An enduring power of attorney (EPA) - Relates to property and financial affairs only and continues after the donor loses mental capacity. Although no new EPAs can be created after October 1, 2007, existing EPAs can still be used as long as they were made correctly. They allow the attorney to act on behalf of the donor but must be registered with the Office of the Public Guardian if the donor becomes mentally incapable.

• A lasting power of attorney (LPA) - An LPA is a more robust form of PoA introduced in 2007 under the Mental Capacity Act. There are two types of LPA:

  • A property and financial Affairs LPA allows the attorney to make decisions about financial matters, including managing the donor's bank accounts, paying bills, and selling property, even when the donor loses mental capacity.

  • A health and welfare LPA allows the attorney to make decisions about the donor's healthcare, living arrangements, and welfare needs, including decisions about medical treatment, in case the donor is unable to do so themselves.

  LPAs remain effective even if the donor loses mental capacity, providing peace of mind and clarity regarding decisions that may need to be made.

Creating a PoA whilst you are able can provide peace of mind, ease anxiety about future incapacity and ensures that your preferences regarding your welfare and finances will be honoured.

Furthermore, by making a PoA, you will be protecting your loved ones from the potential stress and cost of an application to the Court of Protection which is the route they would have to take if you lack capacity to make decisions for yourself.

I have assisted many families in making these important preparations which has proven time and time again to be invaluable.