Powers of Attorney

Powers of Attorney

These give someone else the right to deal with your affairs. There are several types:-

General Power of Attorney – this allows someone else to deal with all or some of your financial and property affairs whilst you are still capable of managing (and so supervising) them yourself. They are quite rare and of limited use.

Enduring Powers of Attorney – these allow someone else to deal with your financial and property affairs, provided they are registered with the Court of Protection, they can become effective/continue even if you lose mental capacity. They were replaced in 2007 by Lasting Powers of Attorney, but are still valid.

Lasting Powers of Attorney – there are two types:-

Finance & Property – this allows someone to deal with your finance and property affairs now and/or when you lose capacity to deal with them yourself. You can appoint replacements and impose restrictions/give guidance.

Health & Welfare – this appoints someone to make decisions about your day-to-day care and medical treatment if you are unable to do this yourself. They are most useful in cases where there is no close family, or the person you would want to make decisions is not a close family member.

Both types of Lasting Power include a ‘Certificate of Capacity’ to make sure the person making the appointment is mentally willing and able so to do. This may need to be completed by your Doctor, particularly if there is any doubt about this. Both Powers also need to be registered with the Court of Protection before they can be used.