Power Of Attorney
What is a Power of Attorney?
A Power of Attorney is a legal document used to appoint someone you trust to act for or in place of you. Once obtained the Power of Attorney gives one person the authority to act on behalf of the other. The person receiving the authority to act as Power of Attorney is called the Donee and the person that is granting the Power of Attorney is called the Donor.
This is the case whichever type of Power of Attorney is being put into place.
Types of Power of Attorney
There are two types of Power of Attorney and these are:
- Ordinary Power of Attorney
- Lasting Power of Attorney.
Typically this type of power of attorney is used to appoint someone to manage a person’s affairs temporarily, for example, when they are oversees on travel or holiday. The document can be drafted to grant general powers to act in all matters or can be limited to specific functions. An example of a specific function would be granting authority for a person to run your business and sign documents in your place or to deal with your bank in your absence.
Lasting Power Of Attorney
This was previously called the Enduring Power of Attorney. It is for use when the person granting the power of attorney is unable to handle their affairs anymore. The Donee is granted full control over the Donor’s affairs, including the right to determine what should happen to the Donee and how they should be looked after and cared for. This type of power of attorney must be registered with the Office of the Public Guardian once it is completed.
There are two forms of lasting Power of Attorney these being:
- health and welfare Lasting Power of Attorney
- property and financial affairs Lasting Power of Attorney
A health and welfare Lasting Power of Attorney allows you to choose one or more people to make decisions for things such as medical treatment. A health and welfare Lasting Power of Attorney can only be used if you lack the ability to make decisions for yourself.
Property and financial Affairs Lasting Power of Attorney
A property and financial affairs Lasting Power of Attorney lets you choose one or more people to make property and financial affairs decisions for you. This could include decisions about paying bills or selling your home. You can appoint someone as an attorney to look after your property and financial affairs at any time. You can also include a condition that means the attorney can only make decisions when you lose the ability to do so yourself.