Services/ Enduring Power of Attorney

What is a Power of Attorney?

Lasting Power of Attorney

What is a Lasting Power of Attorney?

A Power of Attorney is a document by which a person empowers another to act on his/her behalf. The power can be general or limited to particular transactions or assets. If it is a general power the Attorney may do anything which the donor of the Power may lawfully do.

Lasting Powers of Attorney, unlike other Powers of Attorney continue to be effective even if the donor becomes mentally incapacitated. The document must however be registered with the Court before it can be used at all and this takes approx 8 weeks.

Lasting Powers of Attorney are particularly useful for the elderly who are about to enter residential or nursing homes or who are simply not as mobile as they once were. If a Power of Attorney is granted to, say, an adult child or children, then the children can operate bank accounts, building society accounts or deal with investments on behalf of the Donor. The granting of the Power of Attorney does not prevent the Donor from operating his/her own bank accounts etc.
If someone is mentally incapable of dealing with their affairs and a Lasting Powers of Attorney has not been completed it is necessary to make an application to the court for the appointment of a Deputy (previously a Receiver). The procedure for this is more complicated, time consuming and thus expensive than having a Lasting Powers of Attorney prepared and registered.