A Power of Attorney gives a person authority to act on behalf of another. The person giving the authority is called the DONOR and the person acting on behalf of the Donor is called the ATTORNEY.

A General Power of Attorney is useful where a Donor needs someone to act for them for a short period of time. These powers can be general and apply to all the Donor’s financial matters, or specific. For example an Attorney may be needed if someone has to go overseas but has a house to sell in this country. An Attorney can be appointed with authority only to sign the papers for the house sale.

General Powers of Attorney are useful, but can only be used for financial decisions, and are only valid whilst the Donor is able to make decisions themselves. Have you thought what would happen if you or a member of your family was no longer able to make decisions about their finances or health themselves? A General Power of Attorney could no longer be used, and cannot be used to make health care decisions at all.

Being unable to make decisions is not something that only happens to other people or to old people. An accident, stroke or other life changing event can happen to anyone at any time. What would you do if this happened to you? Who do you think is your next of kin and what decisions are they allowed to make for you? Would the banks talk to this person and could they make decisions for you? The answer is that without legal authority there is no one, not the person you may think of as your next of kin, not even your husband, wife or civil partner, who could help you. Parents have no legal right to make decisions on behalf of their children once they reach the age of 18.

The good news is you can put a Lasting Power of Attorney in place so that the person you would wish to help can. In 2007 Lasting Powers of Attorney replaced Enduring Powers of Attorney. An Enduring Power of Attorney made before 1st October 2007 is still valid. Contact Whitaker Firth for clear and independent advice.