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What Is A Power of Attorney?
Introduction
A Power of Attorney (POA) is a legal document that grants an individual, known as the 'attorney' or 'agent', the authority to make decisions on behalf of another person, called the 'donor' or 'principal'. In the United Kingdom, this delegated authority can cover a range of matters including financial affairs, property transactions, and health and welfare decisions.
Types of Power of Attorney in the UK
There are several types of Power of Attorney in the UK:
- Ordinary Power of Attorney: This type is usually temporary and only valid while the donor still has mental capacity. It is often used for specific tasks such as managing finances for a set period.
- Lasting Power of Attorney (LPA): This is more comprehensive and can remain in effect even if the donor loses mental capacity. It is divided into two categories:
- Property and Financial Affairs LPA: Covers financial transactions and property matters.
- Health and Welfare LPA: Covers personal healthcare and welfare decisions, such as medical care and living arrangements.
Creating and Registering a Power of Attorney
In the UK, creating an LPA involves completing specific forms, which can be obtained from the Office of the Public Guardian (OPG) or online through the official UK government website. The forms require details about the donor, the appointed attorney(s), and their specific powers. Once completed, the forms must be signed, witnessed, and registered with the OPG to become legally effective. Registration can take several weeks and involves a fee.
Responsibilities and Duties of the Attorney
The appointed attorney has a legal duty to act in the donor's best interest, adhering to the principles set out in the Mental Capacity Act 2005. They must keep accurate records, avoid conflicts of interest, and consult the donor on decisions whenever possible. Failure to comply with these responsibilities can result in legal consequences and removal from their position.
Revoking a Power of Attorney
Revocation of a Power of Attorney can occur if the donor decides to withdraw the authority granted, provided they still have mental capacity. This can be done by creating a 'deed of revocation' and informing all relevant parties, including the OPG if the PoA is registered. Additionally, an LPA automatically ends if the donor or attorney passes away, the attorney loses mental capacity, or if they decide to stop acting as an attorney.
Conclusion
A Power of Attorney is an essential legal tool in the UK for managing affairs when one cannot do so themselves. Understanding its types, implementation process, and the responsibilities it entails can help individuals make informed decisions about planning for the future.
Useful links from: Helen Starkie, Solicitor, Bath, UK
- NHS - Find a Solicitor Find solicitors near Bath, UK, including Helen Starkie, via the NHS service search feature.
- Age UK - Legal Advice Age UK provides legal advice and support to older residents in Bath, UK. You can find information about solicitors such as Helen Starkie.
- Mind - Legal Rights Mind offers information on legal rights and local solicitors who specialize in mental health law, including options around Bath, UK.
- Citizens Advice - Find a Solicitor Citizens Advice provides guidance on finding free or affordable legal help, including solicitors like Helen Starkie in Bath, UK.
Useful links from: What is a Power of Attorney?
- NHS - Power of Attorney NHS page explaining what a Power of Attorney is, its importance, and how it is used, especially in end-of-life care.
- Age UK - Legal Issues: Power of Attorney Age UK provides comprehensive information on Power of Attorney, including the different types, how to set one up, and frequently asked questions.
- Citizens Advice - Power of Attorney Citizens Advice offers detailed guidance on managing affairs for someone else, including setting up a Power of Attorney, responsibilities, and how to get help.
- Alzheimer's Society - Lasting Power of Attorney The Alzheimer's Society provides targeted information on Lasting Power of Attorney, tailored to the specific needs of those affected by dementia.
Useful links from: Helen Starkie, Bath Solicitor for Wills and Probate Law
- NHS - Wills Official NHS guide on making a will, including why it's important, what to include, and how to get it written.
- Age UK - Making a Will Age UK's resource on making a will, providing advice for older people on how to ensure their wishes are followed after death.
- Citizens Advice - Wills Citizens Advice provides detailed information about making a will, the different types of wills, who can make one, and the role of executors and probate.
- Macmillan Cancer Support - Writing a Will Macmillan Cancer Support offers guidance on writing a will, especially useful for those dealing with a cancer diagnosis and planning their estate.
Useful links from: What is a lasting Power of Attorney?
- NHS - End of life care Information provided by the NHS on lasting power of attorney, including what it is and how to set one up.
- Age UK - Lasting Power of Attorney Age UK provides detailed advice and resources on setting up a lasting power of attorney, including different types and legal considerations.
- Alzheimer's Society - Lasting Power of Attorney The Alzheimer's Society offers guidance on lasting power of attorney, particularly useful for those caring for someone with dementia.
- Mind - Planning for the future Mind provides information on lasting power of attorney from the perspective of mental health, including advice on planning for the future.
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