H & B Solicitors
Expert Legal Advisors in your local area
Lasting Powers
of Attorney
What is a Power
of Attorney?
- A Power of Attorney is a document which allows you to appoint someone to assist you with your affairs and there are several different types of Power of Attorney. Our specialist power of attorney solicitor can provide you with expert advice throughout the process.
General Power of Attorney
This is normally a short document which often just gives your attorney the power to deal with a particular matter on your behalf. It could, for example, be limited to dealing with the sale of a specific property for you. Once that particular task is completed the attorney’s power would end. Alternatively, it might allow them to deal with all of your financial affairs but only for a limited time, for example if you were taking a trip abroad and they were to deal with things whilst you are away.
A general power of attorney only lasts for 12 months and would need to be signed again if you wanted your attorney to continue acting after the expiry of that time period. A general power of attorney also ceases immediately if the person who has granted the power loses capacity.
Lasting Powers of Attorney
There are two types of Lasting Power of Attorney, one which allows your attorneys to deal with your finances, and a separate power that allows them to make welfare decisions on your behalf.
Property and Financial Affairs
A Lasting Power of Attorney for Property and Financial Affairs gives your attorneys the power to deal with your financial matters such as managing your bank accounts, paying your bills, or even selling your house.
You can authorise your attorneys to use the financial Lasting Power of Attorney whenever you choose, but they will also be able to continue acting for you if you lose capacity and become unable to deal with your own finances.
Health and Welfare
A Lasting Power of Attorney for Health and Welfare may only be used by your attorneys if you have lost capacity. Therefore, if you are able to make a medical decision for yourself then it will always be your decision. However, if you become unable to make those choices then your attorneys could step in and arrange care for you.
Why is it important to have a Lasting Power of Attorney?
If you become unable to deal with your affairs yourself and you do not have a Lasting Power of Attorney in place then it can be very problematic for your family. Once you lose capacity and no longer understand the purpose of having a power of attorney then you will not be able to make one. This can lead to a situation where no one can access your bank accounts and so it is not possible to deal with things like paying for your care.
Many people assume that if they are married their spouse will automatically be able to make decisions for them but this is not the case. Without a registered Lasting Power of Attorney your spouse will not be able to access your accounts and even accounts held in joint names could be frozen by your bank if one of you does not have capacity.
We constantly update this page, but if you still can’t find what you’re looking for, please feel free to get in touch with us – we will be more than happy to help.
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