Powers of Attorney

A Power of Attorney is a power, which allows someone you trust to act on your behalf.

There are three types of Powers of Attorney:

General Power (Non-Enduring):- This power is usually given to a trusted person for a limited purpose, such as to act while you are overseas, to sell your house for a certain amount or while you are in hospital and do not wish to be concerned with the usual matters such as operating a bank account. This power ceases to operate immediately that the person giving the power (the principal) becomes bankrupt, becomes mentally or physically incapable of running his/her affairs or dies.

Enduring Power of Attorney (Financial & Personal):- An Enduring Power of Attorney gives your Attorney power to act in any way that you can lawfully act. It is of assistance if, for example, you travel and need your affairs attended to, or you fall ill and cannot attend to your affairs. Your Attorney has huge power over financial matters and must obviously be a person who is trusted by you and capable of acting in your best interests.

If you are dissatisfied with the actions of your Attorney, you can revoke the Enduring Power of Attorney however, this cannot be done if you lose capacity.

The Attorney has a number of lawful obligations to you and should understand the nature and extent of these obligations.

Note: a Guardianship Order does not deal with financial matters, an Administration Order does. Similarly a financial power authorises the attorney to act in the principal’s place and do all things that the principal could lawfully do.

Supportive Powers of Attorney:- This document allows a person to appoint an attorney to support the person to make and give effect to some or all of their own decisions.  The supportive attorney does not make decisions for the person but can assist the person by collecting or obtaining information and documents for that person.

Appointment of Medical Treatment Decision Maker:- This document allows you to choose a person to make decisions about your future medical treatment in the event that you are unable to make such decisions yourself. You should discuss lifestyle and health matters with your Medical Treatment Decision Maker and doctor. Only one Decision Maker can be appointed, although you can have a back-up in the event that the original Decision Maker is unable to act.

We would be pleased to advise you with regard to your individual situation and can assist you in deciding when and if you should appoint an Attorney or Decision Maker.