Power of Attorney

Powers of attorney enable individuals to choose attorneys to make decisions on their behalf.

Lasting powers of attorney come in two forms: one for property and financial affairs and one for health and welfare matters.

A lasting power of attorney for property and financial affairs, amongst other things, allows an individual (the donor) to choose attorneys who can make decisions about paying bills, dealing with financial organisations, arranging and collecting benefits and selling property and other assets. If the donor does not have mental capacity, a lasting power of attorney for health and welfare allows the chosen attorney to decide on matters such as life-sustaining treatment, where the donor may live and what they might eat.

As the name of the power suggests, both of these powers continue to be valid even after the donor loses capacity. To be used, a lasting power of attorney must be registered with the Office of the Public Guardian.

An ordinary power of attorney (sometimes called a general power of attorney) is a shorter power of attorney which an individual may make under the provisions of the Powers of Attorney Act 1971. It is, however, limited in its use and the death, bankruptcy, or mental incapacity of the donor will automatically revoke the power of attorney.

In Practice

  • R wished to make a power of attorney for health and welfare

    R wished to make a power of attorney for health and welfare. R held strong views on several issues and wished to place a number of restrictions in her power of attorney – something she could quite rightly do. Our solicitors, before carrying out her clear and precise instructions, discussed the matter at length with the client, focussing on some of the possible unintended consequences.

    The client took some time for reflection and discussed those possible consequences with her daughter, who as her named attorney, would be dealing with matters. With both parties fully informed, and some modifications to the restrictions, R went ahead with her power of attorney in the knowledge that she had considered all the outcomes whilst remaining true to her beliefs.

Our experts are on hand

Catherine Murton
Catherine Murton
Director | Solicitor
01458 258 828
Contact Me
With extensive experience in all aspects of private client work, Catherine heads up Arcadia's legal team. Continuously recommended by existing clients, she is a trusted advisor to a significant number of families across the country.
Susie Rycroft
Susie Rycroft
Director | Solicitor
01458 258 823
Contact Me
Susie qualified as a solicitor in 2005 and has specialised in private client ever since. Susie's expert knowledge of trust law and her pragmatic, client-centered approach is welcomed by trustees, executors and beneficiaries alike.
Hannah Cook
Hannah Cook
Associate | Solicitor
01458 258 837
Contact Me
Specialising in probate, wills, court of protection and powers of attorney, Hannah's clients always welcome her hands-on and head-down approach to getting the job over the line.
Zara Rapley
Zara supports Arcadia's legal team by managing administrative tasks and assists with the progression of legal cases. Her attentive attitude is welcomed by clients and colleagues alike.
Alyssa Martin
Alyssa deals with the drafting of wills, trust documents and powers of attorney. A recent graduate with a Masters in Law, her technical knowledge lends itself perfectly to the varied needs of Arcadia's legal team.
Layla Ambersley-Broadbent
Layla Ambersley-Broadbent
Legal Assistant
01458 258 830
Contact Me
Focused and organised, Layla's approach to the management of administrative tasks and progression of legal cases makes her a valued legal assistant to the group.