Understanding the types of Power Of Attorney UK law recognises is key to choosing the right one for your needs.
General Power Of Attorney
A general Power Of Attorney (sometimes called an ordinary Power Of Attorney) allows someone to act for you while you still have mental capacity. (Powers of Attorney Act 1971).
It is often used for short-term situations, such as if you are abroad for several months and need help with financial transactions. This type ends if you lose capacity.
Lasting Power Of Attorney
A lasting Power Of Attorney (LPA) continues even if you lose capacity. (Mental Capacity Act 2005) In England and Wales, there are two kinds:
- Lasting Power Of Attorney for property and financial affairs
- Lasting Power Of Attorney for health and welfare decisions
You must register this document with the Office of the Public Guardian for it to be valid.
When setting up a Lasting Power Of Attorney, the rules around signing and witnessing are stricter. Alongside independent witnesses, the document must also be signed by a certificate provider.
This is someone who confirms you understand what you’re doing and are not under pressure to create the LPA.
Enduring Power Of Attorney
An enduring Power Of Attorney (EPA) applied only to financial decisions. These were replaced by LPAs in 2007, but an EPA created before that date can still be valid if it was properly made.