• Greyfriars Solicitors

Why is a Power of Attorney necessary?

What is a Power of Attorney?

A Power of Attorney is a legal document allowing a person/people you trust to make decisions on your behalf (“the attorney”). This is especially advised when a person is lacking mental capacity and is unable to do the simple tasks of paying council tax, dealing with their bank accounts and pension. In addition, they may also be able to pay your mortgage and day-to-day utility bills on your behalf, without the relevant authorities needing permission.

It is important to note that you can have your attorney act on your behalf immediately or once you lose mental capacity. Ultimately you have control as to when that document becomes in force legally.

What does a Power of Attorney cover?

  • Property transactions

  • Day to day bills

  • Pension

  • Banking

  • Medical decisions

  • Lifesaving decisions

  • Your place of residence

You can always limit the permission the attorney has in dealing with your personal, financial, and medical affairs. You are also able to request that your attorney keeps a record of their dealings, for example the monetary transactions and withdrawals when entrusted to deal with your finances. This gives assurance and security that appropriate action has been taken in line with your intentions.

Where can I prepare a Power of Attorney?

You need to instruct someone who is experienced in such matters, given the importance of the documents and the fact it is legally enforceable. As such, you do not want to have any mistakes in whom you have appointed as attorney and how much control your attorney has over you and your life.

It is an online application that is submitted and later certified by a professional, such as a solicitor, who confirms you understand the document entered into. Family members are not advised to prepare the document and are not allowed to certify the document once completed.

The document will then be registered with the Office for the Public Guardian and your Power of Attorney will become valid and legal to use.

You can always cancel your Power of Attorney if circumstances change. However, you must have mental capacity to do so.

Remember, a Power of Attorney will give you stability and security for the future and ensure the right provisions are put in place to protect your lifelong interests.

Book an appointment with one of our team, and we will be able to advise you further.

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