Power of Attorney

Power of Attorney is a legal document whereby one person (the "Donor") gives another person or persons (the "Attorney") the power to act on his or her behalf with regard to his or her property and financial affairs.

The most common types of Power of Attorney in England and Wales are:

Lasting Power of Attorney 
Enduring Power of Attorney 

What is a Lasting Power of Attorney?

An LPA is a legal document that someone (the Donor) makes using a special form.  It allows that person to choose someone now (the Attorney) that they trust to make decisions on their behalf at a time in the future when they either lack the mental capacity or no longer wish to make those decisions themselves.

The decisions could be about the Donor's property and affairs or about their personal welfare.

Making an LPA is the only way to make plans for a time in the future when you may lack the capacity to make decisions for yourself. An LPA can only be used after it is registered with the Office of the Public Guardian.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal process in which a person (the Donor) hands over to someone else (the Attorney) the power to decide what is done with their financial affairs and property.

The Attorney can use the power straight away if that is what the Donor wants.  Or the Donor can make it clear that the EPA is only to be used if they become mentally unable to manage their affairs in the future.

In this way, an EPA allows the Donor to choose someone they trust now to deal with their affairs if they become mentally unable to manage them themselves in the future.

An EPA only covers decisions relating to a Donor's financial and property affairs.         

For more information go to http://www.publicguardian.gov.uk/ and click on the 'Making Decisions for Someone Else' area.

http://www.publicguardian.gov.uk/decisions/being-attorney-lpa.htm

http://www.publicguardian.gov.uk/decisions/being-attorney-epa.htm