Power of Attorney
The Power of Attorney enable you (donor) to temporarily grant someone else known as your (attorney) to handle your legal affairs with power of attorney (also known as a POA). This may be useful when you are out of the country or in hospital. There are different types of power of attorneys to deal with different situations.
General Power of Attorney
General Power of Attorney allows the donor to give legal permission to someone else to make decisions and sign documents on the donor’s behalf. It is only for use when you still have mental capacity but are not there in person.
- if you need someone to act in your place whilst you are away
- if you want to give someone the power to act as if they were you on a short term basis only
- when you have “mental capacity”, i.e. you understand what you are signing
- only if you absolutely trust the person or person(s) you appoint as your attorney(s)
- only if you live in England or Wales
Lasting Power of Attorney (LPA)
You can grant powers to someone to manage your affairs after you have lost the mental capacity to do so.
There are two types of LPA
- A property and financial affairs LPA is for decisions about finances, such as selling the Donor’s house or managing their bank account; and
- A health and welfare LPA is for decisions about both health and personal welfare, such as where to live, day-to-day care or having medical treatment.
© JS Solicitors 2015