Power of Attorney

Under the laws of England and Wales, a Power of Attorney allows you to appoint another person to deal with your affairs should you become unable to do so, whether through illness, injury, convenience if you have become frail or simply being in another country.

Over the last few years these important documents have become more commonly seen due to longer life expectancies and an increase in conditions such as dementia.

It’s worth bearing in mind that financial institutions are strictly regulated and will not release information to a third party without proper authorisation. Having a Power of Attorney in place helps ensure that your affairs won’t be compromised by the inevitable delays which otherwise could occur if the authorities (namely the Office of the Public Guardian) were to supervise your affairs. 

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FAQ’s

All you need to know about power of attorney’s

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document which appoints one or more people (referred to as “Attorneys”) to help you make decisions or to make decisions on your behalf, if you are no longer able to make or communicate those decisions yourself.

There are two types of Lasting Powers of Attorney

  • Health and Welfare
  • Property and Financial Affairs

You can choose to make one type or both.

How long does a Power of Attorney last?

A Power of Attorney can end for a number of reasons, primarily when a donor passes away, the donor revokes the documentation, or when the donor divorces their spouse/partner who happens to be appointed as an attorney.

How many Attorneys can you appoint?

There is no limit to the number of people you can name as an Attorney when making a Lasting Power of Attorney, although, it is common to only appoint between one to four Attorneys.  You can also appoint replacement Attorneys to step in should one of the original Attorneys becomes unable or unwilling to act.

If you only appoint one Attorney and that person is unable or unwilling to act, perhaps because they have predeceased, no one else would have the authority to take their place. For this reason, it can be a good idea to appoint more than one Attorney, but there are factors you’ll need to consider when appointing multiple Attorneys.

Is my Enduring Power of Attorney still valid?

Enduring Powers of Attorney were the legal instrument used before Lasting Powers of Attorney were introduced on 1 October 2007.  It is no longer possible to make an Enduring Power of Attorney as they have been replaced by a Property and Financial Affairs Lasting Power of Attorney. Nevertheless, an Enduring Power of Attorney signed prior to 1 October 2007 is in fact still valid.

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