A power of attorney (POA) gives someone the legal power to make decisions on behalf of someone – perhaps because of an illness. Whether you’re thinking of creating a POA, or you’ve been made an attorney, you might have questions about exactly how they work and what kind of decisions are involved.
An ordinary power of attorney gives someone the power to make decisions about someone’s finances. It’s designed for use during a temporary period – like a hospital stay, or a holiday. A lasting power of attorney (LPA) gives someone the power to make decisions about finances, healthcare, or both if someone doesn’t want to make such decisions for themselves. Enduring powers of attorney (EDA) were replaced by LPAs in 2007, but existing agreements are still binding.
If you’re thinking about creating a power of attorney, or you’re an attorney yourself and you don’t know what to do, our team of legal experts can help. We’ll talk you through the different kinds of power of attorney and explain in each case what decisions an attorney can and can’t make. We’ll explain all the terminology involved, and what paperwork must be completed to make a POA legally binding.
All advice contained within this section relates to England and Wales only.