Why would I need a power of attorney?
There are a number of reasons why you may
require someone to act as your Attorney. For example you
may be going abroad for an extended period and wish to
give someone authority to deal with your affairs in your
absence or you may be facing an extended spell in
hospital. However the main reason people make Powers of
Attorney is to provide for a future situation where they
may become physically and/or mentally incapable of
dealing with their own affairs. The different types of
Powers of Attorney are briefly explained below.
-
General power of attorney
- is
made in accordance with the Powers of Attorney Act
1971. Such Powers are suitable only for short term
use such as if you are going to work abroad and wish
someone to look after your affairs in your absence.
-
Lasting powers of attorney
-
replaced Enduring Powers of Attorney from the
beginning of October 2007. It is now possible to
make a Power of Attorney in relation to financial
and property matters and another Power of Attorney
in relation to health and wealth decisions.
- Property and affairs - gives
your chosen Attorney authority to deal with your
property and finances as you specify. You may attach
conditions and directions for your Attorney.
- Personal welfare LPA - This
type of LPA allows your chosen Attorney to make
welfare and health care decisions on your behalf but
only when you lack mental capacity to do so
yourself. If you wish this can extend to giving or
refusing consent to life sustaining treatment.
Handling your affairs
If you draw up a Power of Attorney it does not
mean that you lose your existing right to control your
affairs. If you wish the Power of Attorney can be drawn
up and then placed in our strong room until some future
date when you decide you wish your Attorney to commence
his or her duties. Alternatively you may give your
Attorney instructions to deal with certain aspects of
your affairs while you continue to handle other matters.
Appointing an Attorney simply means that there is
someone to take over if and when you cannot cope.
Although most people think of Powers of Attorney in
connection with older people they can be useful for
younger people as well because no one knows when
incapacity as a result of illness or accident may occur.
Please note: You will be completing
this document for your own use. If the incorrect
personal details are submitted and you are not the true
customer, your matter will be rejected during the
verification of identity process. If you are completing
this document on behalf of another or assisting another
to complete the document, this is acceptable, however
please ensure that you always submit that person's
personal details when requested. This requirement does
not prevent payment being made on behalf of the customer
by another.
How our online service works:
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can read more information and preview the
document before purchase
-
2. Purchase the document through our secure
online checkout
-
3. Complete the document online, then submit it
to us for review
-
4. After review, and or/edit, we'll upload your
finalised document to your secure 'My Services'
section of the website for you to download
and use.
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Granting a general power of attorney allows someone else (the appointed attorney) the authority to manage your
(the donor's) affairs for a set period of time, for example, whilst overseas for a couple of years. This particular
general power of attorney is suitable for use in England & Wales only.
As a general power of attorney becomes invalid if you become mentally incapable, it is not suitable for managing the
affairs of ailing relatives, unless they are of sound mind, and a lasting power of attorney should be used instead.
If some day you are no longer able to look after your own health and welfare, i.e. your social and health care needs,
this 'Lasting power of attorney - health and welfare' (LPA-HW) will give that power to another person, called your 'attorney'.
Once the power comes into effect, your attorney (or attorneys) will have the legal authority to act on your behalf in matters
relating to your health and welfare, subject to any restrictions you may place on them. Before the document can be used, however,
it must be registered with the Office of the Public Guardian. Your attorney(s) will only be able to act when you lack the capacity to
do so yourself, for example, if you are ill, unconscious or because of the onset of a condition such as dementia. This document can only
be used in England or Wales.
If some day you are no longer able to look after your own financial affairs, due to such factors as an illness, accident
or the onset of dementia, this 'Lasting power of attorney - Property and financial affairs' (LPA-PA) will give that power
to another person, called your 'attorney'. Once the power comes into effect, your attorney (or attorneys) will have the legal
authority to act on your behalf in property and financial matters. This document can only be used in England or Wales.
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