Power of Attorney is a legal document that allows one person
(the "donor") to give another person or other people (the
"attorney") the power to act on his or her behalf. This
can be relating to his or her property and financial affairs.
The most common types of Power of Attorney in England and Wales
are:
- Ordinary Power of Attorney (OPA) – for
general use or limited to specific affairs
- Enduring Power of Attorney (EPA) - used in the
event of the donor's mental failure.
An OPA is valid for a set period of time. It is used in cases
where the donor is going abroad or is unable to act for some other
reason and wants someone else to have the authority to act on his
or her behalf. This will usually end at a specified time. It can
also end on the request of the donor at any time. This is done
using a Deed of Revocation. The OPA is automatically cancelled if
the donor loses mental capacity. There is no need to register the
OPA.
An EPA allows the donor to appoint a legally authorised person
to look after their property and financial affairs. This is in case
they become incapable of doing so themselves at some point in the
future. It continues after the donor has become mentally incapable
of managing his or her affairs. An EPA must be registered when the
Attorney becomes aware, or has reason to believe that the donor
has, or is becoming mentally incapable.
If the donor cancels the power of attorney using a Deed of
Revocation, they should give notice to the attorney(s) of this
fact. The authority does not stop until they receive notice of the
revocation.
There are a number of websites that can help with drafting a
power of attorney. Also, where you can order a blank Power of
Attorney and Deed of Revocation form to fill in. These include:
Copies of the forms required can also be found in legal
stationers or independent legal advisors (i.e. a solicitor’s
office).
