How to Get Power of Attorney

29 August 2009, filed under Power of Attorney

Getting a Power of Attorney is very easy and straightforward and is explained below. When you know you will have to be someone’s power of attorney it is a good idea to know what you are getting into.  A power of attorney is used when a person who is unable to make decisions and places these decisions in your hands with a legal document. The document is called the Power of Attorney. There are two different types of powers of attorney and there are different procedures for getting each type of power of attorney.

A general power of attorney can be used when someone of sound mind wants to appoint a person to act on their behalf. To put in place this type of document you just need to obtain a suitable template, customize it to suit and then print and get it signed. Make sure that your signature and the signature of the person to who the power is granted are witnessed by a witness who needs to also add their signature. Our Ordinary power of Attorney is simple and easy to complete.

A Lasting Power of Attorney needs to be used when the person granting the rights is not of sound mind. This type of Power of Attorney can be obtained easily and we have a suitable template on our site which can be used. However, to be legally binding the completed document must be registered with the Court of Protection. The process for doing this is straightforward and there is a very easy to follow guide on the Court of Protection Website.

The principle of the power of attorney paperwork is to determine the amount of authority a person has over one’s financial or health welfare.  You may want to get a Power of attorney where a family member or friend is  suffering from a disability, accident, or illness and needs assistance managing their affairs.

One frequently asked question which is very important asks “Is it possible for the attorney to steal money or property?”  Sadly the answer is yes.  It is possible for the Attorney to abuse the privilege.  This is often why the granter of the power of attorney needs to be careful to choose someone that they feel they can trust.

Are there various types of legal authority within a power of attorney? 

Yes, when you get a power of attorney there are different levels of authority that can be granted.  This means that you can grant a general power to act in all matters or the power can be limited. Common matters to which authority is limited include:

• Management of property
• Buy, sell, maintain, pay taxes on mortgage or other property
• Conduct banking transactions
• Investment of money
• Conducting legal claims or litigation
• Tax and retirement matters
• Collecting of benefits
• Operation of a business

Under the laws in the UK you do not need a lawyer to oversee the creation of the power of attorney.  However, if there are any questions regarding the document, changes you wish to make, or any other options you may want to consult your solicitor to ensure the document has everything it needs to protect you and your family. It is generally worth creating a backup copy of the Power of Attorney once you get it in case the first one is lost or destroyed at any time. The backup version must itself be original. It cannot simply be a copy of the original.  This means you should sign all copies that you have produced and have them witnessed.  Then keep the backup copy in a safe secure place. Hopefully you now know how to get a power of attorney.