How to Create a Power of Attorney

Our guide to creating a Power of Attorney explains how to create your own Power of Attorney.

Creating a Power of Attorney is easy and very fast. Before you can create a Power of Attorney you need to know what type of Power of Attorney you need to create. There are two types of Power of Attorney which are 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 and when to use each type of Power of Attorney.

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 which gives the 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 person’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 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 the 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 through mental 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 customized 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 one 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 a mental incapacity.  If you have concerns about a family member or friend in regards to their decision making there are some actions you can take.  At any time you think someone is unable to make decisions it is possible to have someone take over by registering the Lasting Power of Attorney.  There are a few forms that are important regarding 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 is going to take over for the decision making.  They will have to follow information in the legal document for what aspects they now have control over.  It may also require that these individuals get more information regarding what power of attorney means.  A solicitor can help determine what decisions would fall under power of attorney.  By having a professional outline the duties one needs to perform it can make the transition a little easier. When there is no enduring power of attorney paperwork you have a few decisions.  The first thing to do is approach the court to have the individual determined unfit to handle their welfare or finances.  There is a court application legal document required for this process.  In some instances you are able to take over as the decision maker, but in most cases the court will appoint a person who fulfils the needs of the individual.  Court appointed deputies are required to provide supervision regarding the individual.  They will also be supervised themselves regarding any decisions made.

If you do not feel the court deputy is performing their duties correctly there is a recourse action that can be taken in the courts.  In this type of situation evidence will way heavy on the decision, thus it is important to have all information that can support your case. The power of attorney paperwork is meant to protect the individual needing the attorney, since they can no longer act as the sole person of their estate.  For most individuals filling out a power of attorney document is something done during the creation of a will.  In this way the beneficiary of the will is usually the power of attorney.  It ensures that if the person is in an accident in which they are left unable to care for themselves the power of attorney is already signed.  It makes the transition that might be necessary easier to handle for those who have lost their family member to an accident or disease.