Types of Power of Attorney

When considering adopting Power of Attorney you should be aware that there are various types.
Ordinary Power of Attorney

An Ordinary Power of Attorney is usually created for a set period of time in cases where the Donor is going abroad or is unable to act for some other reason (perhaps due to a temporary illness) and wants someone else to have the authority to act on his or her behalf. The authority granted can be general or limited to specific affairs. An Ordinary Power of Attorney usually ends at a specified time or upon the request of the Donor at any time using a Deed of Revocation and will automatically be revoked if the Donor loses mental capacity. There is no requirement for an Ordinary Power of Attorney to be registered with the Office of the Public Guardian.
Enduring Power of Attorney

An enduring power of attorney is like an Ordinary Power of Attorney with one very important difference, an enduring power of attorney can come into effect or continue in force after you have lost mental capacity. Enduring Power of Attorney documents (EPA's) were replaced by Lasting Power of Attorney documents on 1st October 2007. However, if an Enduring Power of Attorney has already been made, it is still valid and can be registered so long it is registered as as soon as the person concerned is incapable of making decisions for themselves.

Lasting Power of Attorney
Many elderly people may realise that there will come a time when, due to mental decline, they will be unable to manage their property. To deal with this they can appoint a friend, relative or professional to hold a Lasting Power of Attorney that will allow them to act on their behalf an matters such as property and finance (a Property and Affairs LPA), and personal welfare (a Personal Welfare LPA).
Please note that this information is only given as a guide and you should seek legal advice before proceeding with any Power of attorney arrangement.