You may need to authorise someone else to look after your affairs on your behalf.
For example, you might expect to:
- be working or on holiday abroad for any length of time, or
- become incapable through physical or mental disease
If this is the case, we can prepare a Power of Attorney for you. This is a written authority giving a person(s) designated by you the power to sign documents on your behalf. This power can be either:
- Limited:restricted to one single transaction such as selling your house or to one type of transaction such as use of your bank account; or
- General:dealing with ALL your money and property.
The standard Power of Attorney will last for one year only, unless revoked earlier, but is also automatically revoked if you become mentally incapable. This type of power of attorney can often be prepared while you wait and you may not need an appointment.
A Lasting Power of Attorney (LPA) can be made which lasts until revoked or until your death even if you become mentally incapable. There is an obligation to register your Lasting Power of Attorney with the Office of the Public Guardian before it can take effect.
There are two types of LPA you can make, one for Property and Financial Affairs and one for Health and Welfare.
The relevant law is the Mental Capacity Act 2005 and the Attorney must always act in your best interests. There is guidance here: Mental Capacity guidance
