(Updated 21/07/2023)
What is a power of attorney?
When someone makes a power of attorney, they appoint someone else to act on their behalf. The person making the power of attorney is called a donor and the person appointed to act on their behalf is called an attorney.
A power of attorney gives the attorney the legal authority to deal with third parties such as banks or the local council.
Some types of power of attorney also give the attorney the legal power to make a decision on behalf of someone else such as where they should live or whether they should see a doctor.
In order to make a power of attorney, you must be capable of making decisions for yourself. This is called having mental capacity – see under heading When does someone lack mental capacity?
There are three types of power of attorney. These are:
Please note that If you want someone to look after your affairs for a long period of time, you can give them a lasting power of attorney (LPA)
Who can be a power of attorney?
The person appointed to act on behalf of the donor is called an attorney. Anyone can be an attorney, as long as:
- they are capable of making decisions, and
- they are 18 or over
In some cases, someone who is bankrupt can't be an attorney. If an attorney becomes bankrupt, power of attorney may be taken away.
Solicitors and trust corporations such as banks can act as an attorney. Professional attorneys can charge for their services. If your attorney is a friend or relative, they can get back out-of-pocket expenses, but they can only get paid for carrying out their duties if the donor has agreed to this on the LPA form.
