• Services
  • Personal
    • Child Care
    • Court and Regulatory
    • Employment
    • Family & Mediation
    • Housing
    • Motoring Law
    • Older Client Services
      • Literature
    • Personal Injury
    • Personal Tax Services
    • Probate & Estates
    • Residential Property
    • Trusts
    • Wills & Estate Planning
    • What Others Say About Us
    • Notary Services
  • Commercial
  • Charity
  • Education

Powers of Attorney

A power of attorney is a legal document giving one or more people authority to make decisions on behalf of another.

Powers of attorney are made for a variety of reasons.

Standard powers of attorney are often used by people travelling abroad or otherwise out of contact, or those who simply want to hand over the running of their financial or business affairs to a relative or professional advisor.

Standard powers of attorney cannot be used if the person who made the power of attorney (the Donor) becomes mentally incapable of making decisions for themselves.  However this is often the point when it becomes essential to have a legal framework in place to authorise others to manage the affairs of the Donor.

The solution is a special type of power of attorney, called a Lasting Power of Attorney which can be made to appoint attorneys to assist with managing the affairs of those who may at some future date lose the mental capacity to make decisions for themselves.

There are two types of Lasting Powers of Attorney – one appointing Attorneys to deal with financial affairs - a Property and Financial Affairs Lasting Power of Attorney and a separate document appointing Attorneys to make decisions about personal welfare issues including medical treatment – a Health and Welfare Lasting Power of Attorney.  Either or both documents can be made. 

We can assist with the preparation of Lasting Powers of Attorney and deal with all formal requirements to ensure their validity.

We can also advise on Enduring Powers of Attorney.  These were the forerunner to the Property and Financial Affairs Lasting Power of Attorney.  New Enduring Powers of Attorney can no longer be made, but documents made before 30th September 2007 remain valid.

Attorneys under Lasting Powers or Enduring Powers of Attorney cannot do whatever they like and have to adhere to the principles of the Mental Capacity Act when making decisions for others.  We can advise attorneys on their duties and the scope of their powers.

There are some decisions that Attorneys are unable to make under a Lasting or Enduring Power, such as making substantial gifts from the Donors property or making a Will.    If decisions need to be taken which are outside of the Attorney’s authority an application to the Court of Protection is necessary. 

For further information please click here to contact Alison Allen.