Power of Attorney

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:

  • Ordinary Power of Attorney- which can be general or limited to specific affairs
  • Enduring Power of Attorney- which can be used if the Donor cannot manage their affairs any longer.

Usually, an Ordinary Power of Attorney is created for a set period of time in cases where the Donor is going abroad or is unable to act for some other reason. The Donor wants someone else to be able to act legally on his or her behalf. An Ordinary Power of Attorney does not have to be registered.

An Enduring Power of Attorney allows the Donor to appoint someone to make legal decisions about their property and financial affairs should they become incapable of doing so themselves at some point in the future. It continues after the Donor has become mentally incapable of managing his or her affairs. It must be registered when the Attorney becomes aware or has reason to believe that the Donor has become or is becoming mentally incapable. The key point if you want to create an Enduring Power of Attorney you should plan ahead and set it up before there is any question you cannot manage your affairs.

In general, it is advisable to seek legal help dealing with issues about power of attorney. See the advice on the page about legal aid and advice to find relevant contacts.  Follow the link on this page to the Citizens Advice Bureaux.

Page last updated on 8 December 2005