What does an attorney do in Power of Attorney?
Power of Attorney is like an insurance policy, or a living will: it gives someone the legal right to help you make decisions, keeping you in control even when you lose capacity. But what does Power of Attorney allow your representative to do?
What is Power of Attorney?
Power of Attorney is a legal document that effectively states that when you lose mental capacity, you permit someone else to help you. Your attorney becomes your legal representative, helping you make decisions and managing your affairs. Attorneys must prove they’re working in your best interests at all times.
You’ll find three types of Power of Attorney.
Ordinary Power of Attorney is a temporary document that’s often used when you travel out of the country or you’re staying in hospital for a little while and need someone to pay your bills or talk to doctors.
Lasting Power of Attorney (LPA) is a long-term document granting someone the legal right to look after your affairs. You can make two kinds of LPA:
Property & financial affairs LPA
Health & welfare LPA
You don’t need to get both LPAs. If you do want both, you don’t have to get them at the same time. And you can have different attorneys for each LPA. The choice is always yours. Chat to a solicitor to explore the best decision for your circumstances.
What are my attorney’s responsibilities?
What your attorney is allowed to do depends on what type of LPA you have.
An LPA managing property and financial affairs can:
Buy essentials for you, like food , clothing, and even furniture
Pay bills and taxes
Make withdrawals from specified bank accounts
Buy and sell property
Manage investments, savings, pensions, and state benefits
Apply for a statutory will if you don’t have one
Your health and welfare LPA is allowed to:
Help with your day-to-day care like washing, clothing, and feeding
Discuss and make decisions about medical care
Refuse certain medical treatments
Decide where you live
With permission from the financial LPA (if different), a health & welfare attorney may also:
Buy new clothes and haircuts
Buy furniture and decorations that maintain or improve your quality of life
Pay for travel, holidays, and days out
What can’t my attorney do?
The laws around LPAs are strict. An attorney must be able to provide evidence of decisions and purchases, and justify them – all decisions must be made in your best interests, and adhere to your wishes, as set out in your Lasting Power of Attorney.
Attorneys aren’t permitted to:
Borrow money from you – but they can receive gifts from your estate if they can prove it’s lawful
Allow certain medical treatments if your LPA is against them
Attorneys must apply to the Court of Protection if they want to:
Let someone live in your property rent-free or pay less than market value rent
Pay tuition fees for someone
Offer interest-free loans
Your LPA must explicitly allow attorneys to:
Make donations and gifts to your family, close friends, and your supported charities
Attorneys may also be challenged by others if it’s believed they’re acting improperly.
Who can be an attorney?
Legally, your attorney must be:
18 years old or over
Mentally capable of making and understanding decisions
It’s a lot of responsibility being someone’s attorney, so always make sure you choose the right person when naming your attorney (or attorneys – you can choose as many as you like, but one to four attorneys is best). Often, people select their partner or their children.
Your attorney should always have your best interests at heart. They should also be:
Responsible
Dependable
Organised
Trusted
Financially independent
Making a Power of Attorney is a big step, and it’s always a good idea to talk through your decisions with an experienced solicitor.
Our supportive team will be honoured to guide you through the process, making life a bit easier for you and your loved ones, and offering peace of mind – whatever happens.