What are the different types of power of attorney?
There are two types of PoA. You can apply for one or both of these.
1. Power of attorney for health and welfare decisions
This is used if you need to make decisions about someone’s:
Power of attorney for property and financial affairs
This is used to help someone deal with:
- Debts
- Mortgaged property
- Pensions
- Investments
There are different terms and processes for power of attorney between UK countries. But the same principles apply.
When is power of attorney (PoA) useful?
PoA is a legal document. This means it must be recognised by all:
- Organisations
- Institutions
- Services
- Lenders
It is supposed to help people who are struggling with:
- Mental impairment
- Physical health problems
- Communication difficulties
- Mental health problems
These issues may make it harder for the person to deal with their finances on their own.
PoA can also be useful for people who find it hard to contact the people they owe because:
Who can have power of attorney?
Almost anyone can act as an attorney.
People usually ask a trusted family member or friend to be PoA.
You could also ask a:
- Legal professional
- Medical professional or
- Care professional
An attorney must be 18 or over (16 or over in Scotland).
A PoA for property and finances cannot be bankrupt.
Helping someone who can no longer give permission
Someone can only give you PoA if they are still able to make their own decisions.
People may lose this capacity due to:
People without 'capacity' cannot give you power of attorney.
In these cases, you need to apply to a court to give you permission to make decisions for them.
It involves costs and you may need help from:
- A solicitor
- Social services
- A medical or care professional
Age UK can give you information if you are helping an older person.
- Their website has useful fact sheets
- Call them on 0800 169 2081