Power of Attorney
General Power of Attorney
A person can give another, at any time, authority to act on their behalf (usually a General Power of Attorney) and can similarly revoke that authority at any time.
A General Power of Attorney is no longer valid if that person who gave the authority becomes unable to deal with his/her financial affairs (through loss of mental capacity). Should that happen, a special form of Power of Attorney is essential, as without it or the Court's authority not even the family will have the authority to act on that member’s behalf in, for example, dealing with their bank account, or buying or selling property.
Lasting Power of Attorney
Without the appropriate Power of Attorney the Court will be responsible for that person’s affairs.
The Power of Attorney must be arranged before the loss of mental capacity and can be revoked at any time before that by the person giving the authority (the donor).
Since 2007 two types of power of attorney (Lasting Power of Attorney) have replaced the previous Enduring Power of Attorney unless, in 2007, it was already in place.
One type deals with a person’s property and affairs and the other with their personal welfare, and both need to be registered with the Court to become effective. The registration process for the Lasting Power of Attorney is detailed, including evidence of mental capacity when the Power was created, and should be completed as soon as possible.
YourWill can help prepare and register a Lasting Power of Attorney. Contact YourWill today to find out more.
