A power of attorney, or PoA, allows a trusted individual to make decisions on someone’s behalf, usually relating to finances, property, or health. It ensures that if a person becomes unable to manage their own affairs, their interests and wishes are still protected.
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There are two main forms of power of attorney in England and Wales: an ordinary power of attorney and a lasting power of attorney, or LPA. An ordinary PoA is typically used for temporary situations, such as during travel or illness, while the donor still has mental capacity. In contrast, an LPA remains effective even if mental capacity is later lost.
There are two types of LPA: one covering property and financial affairs, and another for health and welfare decisions. Before they can be used, they must be registered with the Office of the Public Guardian. Applications can be completed using the official LPA online service, or through paper forms. Services such as //powerofattorneyonline.co.uk also offer helpful guidance on preparing these legal documents.
Setting up a power of attorney
To create an LPA, the donor must have mental capacity and appoint an attorney. The application requires signatures from witnesses and a certificate provider. Once completed, the documents are sent to the OPG for registration, which can take up to 20 weeks.
Setting up a power of attorney provides reassurance that important affairs will be managed responsibly if circumstances change. Taking the time to complete the process properly helps ensure that personal and financial matters remain in trusted hands.