Power of Attorney

A Power of Attorney is a legal document whereby a person gives another person the power to take decisions with regard to their financial affairs and / or their health and personal welfare.

The person giving another person the power to act on their behalf is called the ‘Donor’. The person or persons to whom the powers are granted are called ‘Attorneys’.

It is possible to set up ‘Temporary Powers of Attorney’ (Ordinary Powers of Attorney) for example in circumstances where someone is out of the country for a while and needs to legally appoint someone to act on their behalf in financial matters whilst they are away. The authority granted can be of a general nature or limited to specific affairs. The Power of Attorney will either end on a specified date or upon the request of the Donor using a Deed of Revocation. Such Powers of Attorney are automatically revoked if the Donor loses mental capacity. There is no requirement to register Ordinary Powers of Attorney.

Enduring Power of Attorney

The Mental Capacity Act 2005 replaced Enduring Powers of Attorney (EPAs) with Lasting Powers of Attorney from 1^st October 2007. From this date it is no longer possible to create a new EPA.

Existing but unregistered EPAs can continue to be registered after 1^st October 2007.

Lasting Power Of Attorney

Lasting Powers of Attorney were introduced by the Mental Capacity Act 2005 to be effective from 1^st October 2007. They allow individuals to appoint Attorneys to look after their property and financial affairs (a Property & Affairs LPA) and also to make health and personal welfare decisions (a Personal Welfare LPA) when they lack the capacity to make these decisions themselves in the future. The Attorney(s) can only use the LPA after it has been registered with the Office of the Public Guardian.

Deed of Revocation

A Deed of Revocation can be used by the Donor to cancel:

An Ordinary Power of Attorney, at any time after the Power has been granted.

An Enduring Power of Attorney, at any time prior to registration of the Power and while the donor still has mental capacity.