wills & probate

What is a Power of Attorney?

A Power of Attorney enables you (“the Donor”) to decide who you would like to deal with your affairs if you become incapable of managing them yourself.

Enduring Power of Attorney

Prior to 1st October 2007 appointing an attorney was done by making an Enduring Power of Attorney.

Since the law changed it is no longer possible to create an Enduring Power of Attorney, but any Enduring Powers of Attorney created before October 2007 remains valid.

Enduring or Lasting Power of Attorney timeline

Lasting Power of Attorney

In order to appoint someone to deal with your affairs you need to make a Lasting Power of Attorney.

Without assigning Power of Attorney

Without an Enduring or Lasting Power of Attorney, if you lose your mental capacity nobody would have the authority to manage your affairs.

An application would then have to be made to the Court of Protection to appoint a Deputy to manage your affairs.

This can be a long and expensive process.

Further reading:

Enduring Power of Attorney (Wills & Probate)

Lasting Power of Attorney (Wills & Probate)

Making or amending a Will if you are divorced (Wills & Probate)

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.