Power of Attorney

What Is a Power of Attorney?

A Power of Attorney is a legal document that allows someone to appoint another person to make decisions on their behalf if they become unable to do so due to mental incapacity or illness. It is essential to set this up while you are still mentally capable, as it cannot be established once mental capacity is lost.

Types of Power of Attorney

There are two main types of Power of Attorney:

Health and Welfare:

This type only comes into effect if you lose mental capacity. It allows your attorney to make decisions about:

• • Your daily routine (e.g., washing, dressing, eating)
  • Medical care and treatments
  • Moving into a care home
  • Life-sustaining treatment

Property and Financial Affairs:

This type allows your attorney to manage your financial matters and property. They can make decisions about:

• • Managing bank accounts
  • Paying bills
  • Collecting pensions or benefits
  • Selling your home

This type of Power of Attorney can be used immediately once it’s registered, with your consent.

Choosing Your Attorney

You can appoint one or more people to be your attorney. If you appoint more than one, you’ll need to decide if they must make decisions together (jointly) or if they can act independently.

Your attorney must:

• Be over 18
• Have mental capacity
• Not be bankrupt or subject to a Debt Relief Order if they are managing Property and Financial Affairs

You can also appoint replacement attorneys to step in if your primary attorney is unable to act. Additionally, you can set limitations on what decisions your attorney can make, such as restricting them from making investments or decisions about life-sustaining treatment.