Q. I'm getting on a bit and my daughter has said that if I give her "power of attorney" she will be able to deal with all paperwork and documents on my behalf. What is a "power of attorney" exactly?
A. A power of attorney is a document by which one person gives another person the power to act on their behalf and in their name. The person giving the power is called the donor and the person who is given the power is usually referred to as the donee or attorney. There are now 2 main types of power of attorney you can use.
A General Power of Attorney entitles the attorney to do absolutely anything which a donor can lawfully do for him or herself. This would include gaining access to bank accounts, selling properties or other assets and entering into contracts etc; though it is also possible to limit an attorney's powers to a specific transaction.
A Lasting Power of Attorney is used where you wish to appoint an attorney to act on your behalf in the event that you lose your mental capacity and they are used to authorise an attorney to make decisions about a person's personal welfare and healthcare, as well as their property.
All powers of attorney are powerful documents and great care needs to be taken before appointing an attorney. All powers of attorney need to be made by deed and your Solicitor will be able to assist you with this and to ensure that any power you use is appropriate to your own particular needs and circumstances.
