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Power of attorney

A power of attorney (POA) is a legal document which allows an individual (known as the donor) to appoint someone (the attorney) to make decisions on their behalf. There are different types of powers of attorneys, which can be used for different purposes such as managing financial affairs or making decisions about health and care if the person cannot make decisions for themselves. It is also important to note that depending on the type of power of attorney it may need to be registered with the Office of Public Guardian or might only be valid while the donor has mental capacity.

When the donor makes a power of attorney, they must be able to demonstrate mental capacity for the document to be valid. Due to the different types of powers of attorney and the potential pitfalls clients can fall into if they are not executed correctly it is vital to seek independent legal advice.

The private client team at QualitySolicitors Davisons are dedicated experts in powers of attorney amongst other matters such as; probate and estate administration, wills and Court of Protection. We always recommend that our clients contact us to take advantage of our free initial telephone assessment giving an opportunity to better understand the options available and what type of power of attorney is best suited to their needs.

Ordinary Powers of Attorney:

Ordinary Powers of Attorney (OPA) can only be used when the donor has mental capacity.  There is no requirement for the document to be registered with the Office of the Public Guardian.  This makes and OPA ideal for a quick and temporary solution for when you become temporarily indisposed such as from an injury or travelling abroad, for example.

OPAs can be used by your chosen attorney to make decisions on your behalf and can be limited both in terms of time and nature i.e. to deal with the sale or purchase of a particular property.

Lasting Powers of Attorney:

Lasting Powers of Attorney (LPAs) are more extensive and remain valid once the donor has lost capacity.  An LPA is like a personal insurance document and is a vital safeguard to make sure you and your wishes are taken care of. There are two types of LPA available:

  • Property and Financial Affairs
  • Health and Welfare.

Property and Financial Affairs:

This type of LPA can be used for:

  • Buying or selling your home
  • Opening and closing Bank and Building Society Accounts
  • Making or selling Investments

An LPA for Property and Financial Affairs can also be used while the donor still has mental capacity, but the attorneys can only act with the donor’s consent.

Health and Welfare:

This type of LPA can be used for:

  • Giving or refusing consent to health care
  • Moving into residential care and finding a good care home.
  • General spending on new clothes, decorating your home or room in a care home.

An LPA for Health and Welfare are only valid if the donor has lost the capacity to make a decision.  Each decision has to be assessed separately and attorneys will need to take care when making decisions.

Want to know more?

Understandably deciding to create a power of attorney and the various types can be confusing. Why not take advantage of our free initial assessment to give you the peace of mind that you have made the right decision and your affairs and choices will be looked after.

Contact our dedicated team on 0121 514 5279 to see how we can help.

News and media

  • Blog
    • Posted on May 29, 2020
      A Lasting Power of Attorney is a legal document that allows you to appoint people you trust, known as your Attorneys, to make decisions on your behalf when you are unable to do so, whether that be because you are incapacitated or lose mental capacity.
      There are two of types Lasting Power of Attorney:
      1. Property and Financial Affairs; and
      2. Health and Welfare
      Read more...

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