Powers of attorney

A lasting power of attorney is used to appoint someone who can make decisions for you. There are two kinds: a property and financial affairs lasting power of attorney; and a personal welfare power of attorney.

Lasting powers of attorney were introduced in 2007, replacing the previous system of enduring powers of attorney. An enduring power of attorney created before October 2007 remains in effect (unless revoked).

Preparing a lasting power of attorney

Preparing lasting powers of attorney should be part of your planning, along with making or reviewing your will. Lasting powers of attorney help protect you in case you lose the capacity to take care of your own affairs in the future.

You should consider carefully what powers you want to give when making a lasting power of attorney. You can choose to limit the decisions an attorney can make, or provide non-binding guidance.

You will want to choose one or more trustworthy and competent attorneys. Although it is common to appoint an adult child as an attorney, this may not always be the best choice.

Your solicitor can discuss your requirements with you and draft any lasting power of attorney you require. Lasting power of attorney forms are available from the Office of the Public Guardian.

Being an attorney

Being an attorney under a lasting power of attorney is a serious responsibility. If a ‘donor’ asks to appoint you to be their attorney, you should think carefully about whether you are willing to take on the role. As an attorney, you will need to act in the best interests of the donor and take reasonable care when making decisions. As far as possible, you should help the donor to make decisions rather than simply taking over.

A lasting power of attorney does not take effect until it has been registered with the Office of the Public Guardian. You should discuss this with the donor. Depending on the circumstances, you might want to register the lasting power of attorney straight away or only if you think the donor is losing mental capacity. In any case, a personal welfare lasting power of attorney can only be used to make decisions where the donor lacks the mental capacity to do so.

It is essential to understand the terms of the lasting power of attorney and what powers it gives you. If you feel you need to take decisions outside the scope of the power of attorney, you will need to apply to the Court of Protection. You can also do this if there is no lasting power of attorney (or enduring power of attorney) in place, applying for a deputyship so that you can make decisions when someone (eg a family member) loses capacity.

More on Powers of attorney:

• Making a lasting power of attorney
• Being an attorney under a lasting power of attorney
• Deputyships 

Find more FAQs, briefings and tools on Powers of attorney in the Resources box on the right.