Types of power of attorney
There are different types of power of attorney.
Most are an enduring power of attorney made under the Protection of Personal and Property Rights Act 1988.
Anyone over 18 who is competent to make their own decisions can make a power of attorney.
Enduring power of attorney for personal care and welfare
You can only appoint one person at a time although you may appoint a substitute(s). You can specify that the person you appoint may make all decisions in relation to your personal care and welfare or you may limit the power to certain matters and or impose conditions. This appointment only takes effect if you are certified as mentally incapacitated
Enduring powers of attorney property:
You can appoint more than one person at a time and you can specify whether they act jointly or severally. You can also appoint substitute(s). You can specify whether the power is in relation to all of your property or some of it and you may impose conditions.
With both forms of enduring powers of attorney you can specify who your Attorney must consult and or give information to about the decisions they are making on your behalf.
General powers of attorney were more widely used before enduring powers of attorney were introduced in 1988. However, there is still a place for them in certain circumstances. Such as when a person is travelling overseas or a company wish to appoint an attorney. They can also extend to cover “powers” and not just “property”.
Key areas
· General/limited power of attorney
· Enduring powers of attorney in relation to property
· Enduring powers of attorney in relation to personal care and welfare
