General power of attorney
General power of attorney allows you to act for someone else if they give you permission to do so. It can be used to manage their financial affairs but does not apply to some transactions, such as buying a house. A General power of attorney ceases to have effect if the donor becomes incapable of making the decisions themselves.
Lasting power of attorney
Lasting power of attorney allows you to act on behalf of someone when they have lost the mental capacity to act for themselves.
There are two different types of Lasting power of attorney; one has to do with ‘Property and affairs’ and the other has to do with ‘Personal welfare’. The Personal welfare power allows the attorney to make decisions about things such as where someone lives and what health or social care they should receive.
The Lasting power of attorney can only be created when the donor still has mental capacity to do so. The attorney needs to apply to have the Power registered with the Office of the Public Guardian.
A ‘Personal Welfare’ Power only comes into operation when the donor loses mental capacity. A ‘Property and Affairs’ Power can come into operation while the person still has capacity.
How does a carer create a Lasting power of attorney?
There are separate forms to create a Property and affairs power and a Personal welfare power. You can get these from the Office of the Public Guardian.
Once the Powers are created, they can only be used if they are registered with that Office. You need to pay fees on registration, but there are exemptions if you receive means-tested benefits.
You may find it easier to get some help from a solicitor to set up the Powers. If so, you should compare fees before making your choice of solicitor.
What the donor can decide
Even after the Lasting power of attorney has been granted, the donor may still have sufficient mental capacity to make specific decisions, for example about medical treatments. If the donor has made an 'advance decision' about future medical treatments, a Personal welfare power would not normally be able to override this.
Who can be an attorney?
An attorney must be over 18 and have the capacity to use the Powers of attorney. There may be one or more attorneys.
For further information, visit the Directgov website or contact the Office of the Public Guardian.
Office of the Public Guardian (England and Wales)
Address: PO Box 15118, Birmingham B16 6GX
Phone: 0300 456 0300
Text phone: 0115 934 2778
Email: customerservices@publicguardian.gsi.gov.uk
Office of the Public Guardian (Scotland)
Address: Hadrian House, Callendar Business Park, Callendar Road, Falkirk FK1 1XR
Phone: 01324 678 300
Email: opg@scotcourts.gov.uk
