subject: Power of Attorney - Various Kinds of Power of Attorney Forms [print this page] Power of Attorney - Various Kinds of Power of Attorney Forms
A Power of Attorney is a legal document whereby a person (known as the "Donor" in England) gives another person or persons the power to make decisions with regard to their affairs. The person or people to whom the powers are given are known as "Attorneys".
There are different types of Power of Attorney in English law. An Ordinary Power of Attorney is made for a set period of time in cases where the Donor is going abroad or is not able to act for some other reason and wishes someone else to have the authority to act on his or her behalf. The Ordinary Power of Attorney will usually cease either at a particular time or on the request of the Donor. An Ordinary Power of Attorney can be general (e.g. to do anything that may legally be done by the Attorney), or be restricted to a specific act (e.g. to sell property or operate bank accounts).
A Power of Attorney is only valid whilst the Donor has the capacity to confirm the Attorney's actions unless it is made in the form of a Lasting Power of Attorney and registered with the Office of the Public Guardian. This form of Power of Attorney was introduced by the Mental Capacity Act 2005 in October 2007 replacing the previous Enduring Power of Attorney - although Enduring Powers of Attorney made prior to the law being changed remain valid.
A Lasting Power of Attorney enables individuals to appoint a legally authorised person or persons to make decisions with respect to their health and welfare or financial and property affairs in the event they become incapable of doing so themselves at some time in the future.
Anyone aged 18 or over can make a Lasting Power of Attorney in England if capable of understanding what he or sheshe or he is doing. No-one, not even close family, can make a Lasting Power of Attorney for somebody else, so it can only be done while the Donor is able to express her or his own wishes.
You can appoint a Property and Financial Affairs Attorney to manage your finances while you still have capacity as well as when you have lost capacity, if you choose. For example, it might be easier for you to give someone the power to perform tasks such as paying your bills or collecting your support payments if you have problems getting around or if you are overseas frequently. The authority granted to the Attorney in such a situation will continue after you lack capacity. By contrast, a Health and Welfare Attorney can only act when the Donor lacks capacity to make decisions her or himself.
When choosing an Attorney it is important that you are confident that they know what you want and that you are comfortable that they will be making decisions on your behalf. The job of an Attorney is an important one and one that the person you have chosen has to agree to take on. You should ensure that you and they fully understand how they have been appointed to act and what that will mean in reality when they are making decisions for you. To help your Attorney(s) make decisions that are in your best interests in the future, you should talk to them now and make them aware of any specific views or wishes you may have.
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