Create a Power of Attorney

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.

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General power of attorney (England & Wales)

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.

Lasting power of attorney - Health and welfare

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.

Lasting power of attorney - Property and financial affairs

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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