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Power of Attorney
A Power of Attorney is a legal document whereby a person gives another person or persons the power to take decisions with regard to their financial affairs and/or their health and personal welfare.
There are significant differences between
powers of attorney in England (and Wales) and Scotland, including
different terminology. In England the person giving another person
the power to act on their behalf is called the "Donor"; in Scotland
he/she is called the "Granter". The person or persons to whom the powers are granted are called "Attorneys". Both jurisdictions
allow you to set up either a temporary power of attorney (for things
like letting someone manage your bank account for you while you
are travelling) or something more permanent (should you ever become
unable to manage your affairs for yourself).
The different types of powers of attorney
and related documents are described below.
England and Wales
Ordinary
Power of Attorney
An Ordinary Power of Attorney is usually created
for a set period of time in cases where the Donor is going abroad
or is unable to act for some other reason and wishes someone else
to have the authority to act on his or her behalf. The authority granted can be general
or limited to specific affairs.
An Ordinary Power of Attorney will usually
end either at a specified time or upon the request of the Donor
at any time using a Deed of Revocation and will automatically be
revoked if the Donor loses mental capacity. There is no requirement
for an Ordinary Power of Attorney to be registered.
Enduring
Power of Attorney
The Mental Capacity Act 2005 replaced Enduring Powers of Attorney (EPAs) with Lasting Powers of Attorney from 1 October 2007. From this date it is no longer possible to create a new EPA.
Existing but un-registered EPAs can continue to be registered after 1 October 2007.
Lasting Power of Attorney
Lasting Powers of Attorney (LPAs) were introduced by the Mental Capacity Act 2005 from 1 October 2007. They allow individuals to appoint Attorneys to look after their property and financial affairs (a Property and Affairs LPA) and also to make health and personal welfare decisions (a Personal Welfare LPA) when they lack the capacity to make these decisions themselves in the future. The Attorney(s) can only use the LPA after it has been registered with the Office of the Public Guardian.
There is a form for a Personal
Welfare LPA and a separate form for a Property
and Affairs LPA. If you are making both Lasting Power of Attorneys,
each document must be registered separately.
Deed of Revocation
A Deed of Revocation can be used to cancel:
- an Ordinary Power of Attorney, at any time after the Power has
been granted
- an Enduring Power of Attorney, at any time prior to registration
of the Power and while the Donor is still mentally capable
- a Lasting Power of Attorney, at any time while the Donor still has mental capacity.
Scotland
General
Power of Attorney
A General Power of Attorney is usually created
for a set period of time in cases where the Granter is going abroad
or is unable to act for some other reason and wishes someone else
to have the authority to act on his or her behalf. The authority granted can be general
or limited to specific affairs.
A General Power of Attorney will usually
end either at a specified time or upon the request of the Granter
at any time using a Deed of Revocation and will automatically be
revoked if the Donor loses mental capacity. There is no requirement
for a General Power of Attorney to be registered.
Continuing
Power of Attorney
A Continuing Power of Attorney allows
the Granter to appoint a legally authorised person to look after
their property and financial affairs should they become incapable
of doing so themselves at some point in the future. It remains valid
after the Granter has become mentally incapable and must be registered
to be effective.
A Continuing Power of Attorney may be revoked using a Deed of Revocation
at any time, either before or after registration, while the Granter
still has mental capacity or in the event they regain it.
Welfare
Power of Attorney
A Welfare Power of Attorney allows a Granter
to appoint Attorneys to make decisions about the health and welfare
of the Donor in the event of mental incapacity. It may be revoked using a Deed of
Revocation at any time, either before or after registration, while
the Granter still has mental capacity or in the event they regain
it.
Deed of Revocation
A Deed of Revocation can be used to cancel:
- a General Power of Attorney, at any time after the Power has
been granted
- a Continuing or Welfare Power of Attorney, at any time (either
before or after registration) while the Granter still has mental
capacity or in the event they regain it.
Related Clickdocs documents
- Living Will - document used by a Donor to indicate they
do not want to receive life-prolonging medical treatment
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