Power of Attorney

What is a Power of Attorney?

What is a Power of Attorney?

It is a document in which you give somebody written authority to take actions or make decisions for you.

Why would I need one?

If you became incapable of making decisions yourself. Or if the time came when it was difficult for you to communicate decisions.  Because in either of these circumstances, without a Power of Attorney, your family or friends might have to go to court to get authority to make decisions for you. Nobody has the automatic right to do so without legal authority. A Power of Attorney lets you specify who you trust to make decisions for you and what decisions to let them make.

What decisions can the Attorney make?

You will spell this out in the Power of Attorney (PoA) document itself. You can include powers which relate to money or property only (called a Continuing PoA) or just decisions about your health or personal welfare (called a Welfare PoA), or both.

Can my Attorney use the powers I’ve given them before I have become incapable?

An Attorney can only make decisions about welfare matters when you are no longer able to make those decisions yourself. However, if you want, you can set things up in a way that allows your Attorney to deal with your finances and property before you become incapable.

Is all of this not just for older people?

No. Accidents or illness can happen at any age and to anyone.

Can I cancel the Power of Attorney once it is registered?

Yes, you can. 

How much does it cost?

Our prices vary depending on the amount of work involved. So the best thing to do is to phone our Private Client Solicitor, Louise Arthur  on 01357 520082. 

Louise Arthur

Louise will be happy to talk you through what’s involved and give you a quote.

The Power of Attorney needs to be registered with the Office of the Public Guardian, and there is a registration fee payable.

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