Overview

A power of attorney is a legal document which allows you to plan for the future. It's drawn up when you have the capacity to do so.

It gives another person, known as the attorney, the authority to deal with aspects of your affairs. This could relate to:

• financial matters
• property matters
• personal welfare

Types of power of attorney

There are two types of power of attorney:

• A power of attorney that covers your financial and/or property affairs is called a ‘continuing power of attorney’. It can be used as soon as it’s registered and will continue if you lose capacity. You can also choose for it to start only if you become unable to make decisions.

• Welfare power of attorney allows someone you have appointed to make welfare decisions for you, and these powers cannot be exercised until such time as you have lost the capacity to make these decisions.

The power of attorney document must be certified by a solicitor or a medical practitioner. They must interview the person granting the power of attorney before they sign the document. This is to make sure they're aware of what they're doing and are not under undue influence.

Powers of attorney – those which are to continue or begin in the event of incapacity – cannot take effect until they've been registered with the Office of the Public Guardian.

Why you might need power of attorney

Without a power of attorney, nobody has an automatic right to make decisions on your behalf if you can no longer do so yourself. Someone might have to go to court for a guardianship or intervention order before they could act on your behalf.