How to Create a Power of Attorney
Our guide to creating a Power of Attorney explains what to include in a Power of Attorney and what you need to do to make it valid.
Creating a Power of Attorney is easy and quick. Before you can create a Power of Attorney you need to know what type of Power of Attorney you require. There are two types of Power of Attorney; the General Power of Attorney and the Lasting Power of Attorney. The Lasting Power of Attorney was formerly called the Enduring Power of Attorney. You can read in detail about the two types of Power of Attorney in our Guide to the Types of Power of Attorney which explains the differences between the two types of Power of Attorney and when to use each type.
Creating an Ordinary Power of Attorney
An Ordinary Power of Attorney is granted by a person (known as the Donor) to a third party (known as the Attorney) and gives control to the Attorney over the Donor’s affairs or part of them. This is used where the Attorney is appointed to act in relation to a Donor's general affairs rather than in relation to their personal or financial welfare. This type of Power of Attorney is very easy to create. You can visit a Solicitor to have the Power of Attorney created. Solicitor fees will usually be in the region of £100 to £150 plus VAT. Or, you can purchase a suitable document template and create the Ordinary Power of Attorney yourself. Our Ordinary Power of Attorney template can be used for this and is just £9.95 to purchase. It is drafted by a Solicitor and very east to customise.
Creating a Lasting Power of Attorney
A Lasting Power of Attorney is similar to a General Power of Attorney except that it makes provision for the Attorney to manage the Donor’s welfare matters. It operates just like an Ordinary Power of Attorney until the point that the Donor becomes unable to manage their affairs as a result of mental or physical incapacity. At this point the Power must be registered with the Office of the Public Guardian using form LPA002. This form is available from the Office of the Public Guardian’s website.
A Solicitor can create a Lasting Power of Attorney or you can purchase a template online and create the document yourself. Our Lasting Power of Attorney template has been drafted by a Solicitor and is very easy to use and can be customised to your individual requirements. At just £9.95 it costs a fraction of the price that a Solicitor would charge and the template can be re-used as many times as required.
There are numerous reasons why someone might decide to sign a Lasting Power of Attorney. One of the main reasons is that a person may feel they are unable to handle regular life decisions due to mental incapacity. If you have concerns about a family member or friend with regard to their decision making capacity, there are actions that you can take. At a time when you think someone is unable to make decisions, it is possible to register the Lasting Power of Attorney. There are a few forms that are important in this situation.
First, if the person has already signed an Enduring Power of Attorney it is possible to put that into effect. The person named in the legal document will take over the decision making. They will have to follow the information in the legal document as to which aspects they now have control over. They may also need to obtain further information about their duties. A Solicitor can help to determine which decisions would fall under the Power of Attorney. Having a professional outline the duties needed to be performed can make the transition a little easier. When there is no Enduring Power of Attorney paperwork you have a few choices The first thing to do is approach the court to have the individual determined unfit to handle their own welfare or finances. There is a court application legal document required for this process. In some instances you will be able to take over as the decision maker but in most cases the court will appoint a person for this purpose. Such court appointed 'deputies' are required to provide supervision over the individual's affairs. They will also be supervised themselves in relation to any decisions made.
If you do not feel that the court deputy is performing their duties correctly , you can have recourse to the court. In this type of situation evidence will way heavy on the decision, thus it is important to have copies of all information that can support your case. The Power of Attorney document is supposed to protect the individual needing the attorney, since they can no longer act as the sole controller of their estate. For most individuals, filling out a Power of Attorney document is done at the same time as creating a Will. So the testator of the Will is usually the Donor under the Power of Attorney. This ensures that if the testator is involved in an accident following which they are left unable to care for themselves, the Power of Attorney is already signed.