Planning for the future is a vital part of protecting your personal, financial, and medical wellbeing. One of the most effective ways to ensure your affairs are properly managed if you lose the ability to make decisions for yourself is by putting a Power of Attorney in place.
In England and Wales, this legal document gives a trusted person authority to act on your behalf — providing reassurance that your interests will be safeguarded should you become unable to do so.
What Is a Power of Attorney?
A Power of Attorney is a legal instrument that enables you (known as the donor) to appoint one or more individuals (known as attorney(s)) to make decisions and take actions on your behalf. The scope of this authority depends on the type of Power of Attorney you create.
There are several types however, the most common types are the Lasting Power of Attorney (LPA) and the General Power of Attorney (GPA).
Types of Power of Attorney
These were introduced under the Mental Capacity Act 2005, an LPA allows your chosen attorney(s) to continue acting for you even if you lose mental capacity. There are two types of LPA:
Before an LPA can be used, it must be registered with the Office of the Public Guardian (OPG).
A GPA is typically used for temporary situations — for example, if you are abroad or unwell and need someone to handle your financial affairs for a limited period. Unlike an LPA, an OPA becomes invalid if you lose mental capacity.
Why Having a Power of Attorney Is So Important
If you lose capacity without an LPA in place, your family or friends must apply to the Court of Protection for a Deputyship Order to manage your affairs. This process can be lengthy, costly, and emotionally difficult — and most importantly, the person appointed may not be the one you would have chosen.
A Power of Attorney provides seamless management of your financial, property, and healthcare matters, avoiding disruption or financial hardship. It allows your attorney(s) to act immediately in your best interests, without unnecessary delay.
An LPA gives you the opportunity to set out clear guidance and restrictions for your attorney(s), ensuring that your values and preferences are respected even if you can no longer communicate them.
When no Power of Attorney exists, families may disagree about how best to manage your care or finances. Appointing an attorney in advance provides clarity and helps prevent disputes at an already difficult time.
Knowing that a trusted individual has the legal authority to make decisions on your behalf brings reassurance — for you and your loved ones — that your affairs will be managed responsibly and in accordance with your wishes.
Final Thoughts
A Power of Attorney is not simply a legal formality — it is a vital part of planning for your future. By preparing one while you still have capacity, you ensure that your financial, medical, and personal affairs are protected and that your chosen representatives can act swiftly and lawfully on your behalf.
Whether you wish to create a Lasting Power of Attorney or a General Power of Attorney, obtaining professional legal advice is strongly recommended.
If you would like to discuss Powers of Attorney and how we may be able to help, please give our friendly team of Lasting Power Of Attorney Solicitors a call on 0116 212 1000 or 01858 445 480 or complete our Contact Us form.
