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Powers of Attorney

A Power of Attorney is a document allowing one person to give to another person (usually a friend, relative or some other person they trust), the power to deal with their affairs and/or finances at a time when they themselves are unable to do so.

The person to whom those powers are given is called called an “Attorney” (not to be confused with the use of the word in the USA where it means a lawyer) whilst the person giving the powers is normally referred to as the “Donor”. The person who acts as the attorney can be anyone - they do not have to be a lawyer of other professional person - although as the powers given can be extensive, it is advisable to pick someone who is able to undertake the tasks required and who understands the needs of the donor.

There are two main types of Power of Attorney:

  1. General Power of Attorney - usually made for a limited period of time (e.g. if the Donor is out of the country) and for a specific purpose (e.g. signing a document); and
  2. Lasting Power of Attorney - usually made by a Donor who wants their affairs to be looked after in the event that they are no longer able to do so.

There was, until recently, another type of Power of Attorney known as an Enduring Power of Attorney and, whilst it is not possible to make new Enduring Powers those that were made are still valid and can still be put into effect. More information about enduring powers of attorney can be found elsewhere on this web site and at our Your Will web site

General Power of Attorney

A General Power of Attorney is normally created by someone who wants a specific task to be undertaken at a time when they are unable to do so - for example because they are in a different part of the world or they do not have the time to be be able to deal with the matter due to family pressure or because they are going to be in hospital or on holiday. Usually it is granted for for a fixed period of time (for example pending their return from holiday) or for the purposes of performing a specific task (for example signing the documents in relation to a purchase of property).

The General Power of Attorney can be either:

Usually a General Power of Attorney will come to an end at a specific time (for example upon the date on which the Donor returns from abroad) or upon the completion of a specified task. However, it may be expressed to continue until such time as the Donor brings it to an end by means of a Deed of Revocation.

A General Power of Attorney (although note not a Lasting Power of Attorney) will be revoked automatically in the event that the Donor ceases to have sufficient mental capacity to be able to conduct his or her own affairs.Unlike a Lasting Power of Attorney (see below), a General Power of Attorney does not need to be registered.

For more information about General Powers of Attorney go to the Your Will web site section dealing with General Powers of Attorney. Alternatively, if you would like to make a General Power of Attorney then either phone us on 084 4804 4800 or to make your Power of Attorney online using our web-based services go to the Make your Power of Attorney section of the Your Will.

Lasting Power of Attorney

A Lasting Power of Attorney allows for someone to appoint another person to deal with their affairs in the event they are unable to do so at any time in the future because of physical or mental ill-health. Thus, it differs from a General Power of Attorney in that it does not come to an end automatically upon the Donor ceasing to have the mental capacity to conduct his or her own affairs.

Increasingly people are becoming concerned about what will happen to them in the event that they can no longer make decisions for themselves through loss of mental capacity. With a growing elderly population there is a far greater awareness of conditions such as dementia, strokes and Alzheimer’s and the effects these conditions can have on someone’s capacity.

Replacing the previous “Enduring Power of Attorney” from 1 October 2007, a Lasting Power of Attorney allows a Donor to authorise the Attorney to look after either their property and financial affairs and/or to make decisions about their health or welfare when they lack the capacity to do so themselves.

A Lasting Power of Attorney, unlike a General Power of Attorney, must be registered with the Office of the Public Guardian before it can be used.

For further information about Lasting Powers of Attorney (including how and when to register them and how and when to register an Enduring Power of Attorney made before 1 October 2007) go to the Your Will web site section Lasting Powers of Attorney. Alternatively, if you would like to make a Lasting Power of Attorney then either phone us on 084 4804 4800 or to make your Power of Attorney online using our web-based services go to the Make your Power of Attorney section of the Your Will.