What is Power of Attorney?
An attorney is someone who acts on your behalf. You appoint that person, and if anything happens, they can make sure your healthcare, money, and property are managed in your best interests.
They will also have to prove they are acting in your best interests.
There are two kinds of Power of Attorney.
A temporary document is known as an Ordinary Power of Attorney.
A long-standing document is known as a Lasting Power of Attorney.
You can choose:
- A Property and Financial Lasting Power of Attorney.
- A Health and Welfare Lasting Power of Attorney.
You should state when Power of Attorney comes into effect if you do not want it to start immediately.
You can also revoke any Power of Attorney at any time, as long as you are mentally capable of making decisions for yourself.
Explore more help and advice at our Power of Attorney hub.
When should you get Power of Attorney?
When you’re going abroad
If you are going abroad for a substantial amount of time, you can get Ordinary Power of Attorney. The document gives permission to an attorney to act on your behalf and manage your property and finances while you are away.
Ordinary Power of Attorney is not a permanent arrangement. You set an end date, and you can revoke it at any time.
You are in control of what your attorney may manage. For example, you might want them to look after your house and use your money for the upkeep, but not touch your other bank accounts.
Work with a solicitor to create a document that meets your needs and is clear about any exemptions.
When you’re staying in hospital
You should consider getting Ordinary Power of Attorney when you know you are going into hospital for a little while.
As a temporary document, it is ideal when you need someone’s help for a short time.
Your attorney will be able to manage your money for you, making sure you have food and other essentials, and that your bills are paid on time.
Depending on why you are going into hospital, you might also want to let your attorney make decisions about your healthcare. Under your instruction, they can legally make decisions about medical care and treatments that are in your best interests.
However, certain exceptions apply. Your Power of Attorney solicitor will be able to advise.
When you write a will
Many people believe that Power of Attorney is included in their will.
It is not.
You can see why there is confusion. After all, if you have named your spouse as a main beneficiary, it is natural to think you would also want them to take care of you when you no longer can.
Power of Attorney is a separate document.
If you are updating or writing your will, consider creating Power of Attorney at the same time. It can save you time and money, as both documents can be drawn up together.
Remember, you will need to use a solicitor. Will-writing companies do not usually offer Power of Attorney as a service.
When you get married, divorced, or separate
Your spouse, civil partner, or long-term companion is not legally allowed to take over your affairs just because you have had an accident or are going away.
Unless you share a joint bank account, they will not legally be able to manage your money on your behalf. It can also create difficulties when major healthcare decisions need to be made.
Make getting Power of Attorney for a couple part of that legal admin you keep meaning to sort out. Add it to the to-do list alongside updating your wills and telling banks and service providers about any name changes.
If you and your spouse separate or divorce, update any previous Power of Attorney document to name a new attorney, or check that your former partner is still happy to continue acting on your behalf if needed.
When you move house
Moving house always involves more paperwork than expected, and Power of Attorney should be on that ever-growing list too.
It is similar to a will in that it is a legal document that should be created, updated, and maintained to reflect any major change in your circumstances.
If the time comes when you need someone else to look after your home, your Power of Attorney should ideally state which home. Make your wishes clear and leave no room for misinterpretation.
When you’ve been diagnosed with a debilitating mental or physical illness
If the worst has happened and you have received a serious diagnosis, it is time to think about whether you may need a Health and Welfare Power of Attorney at some point.
Putting it in place can help give you peace of mind, allowing you to get on with life until it is needed. It means that, even when you are not yourself, you know you are being properly cared for by people you love and trust.
You will have a lot on your mind and a lot more to do. But it is best to act sooner rather than later, because you need to be mentally capable to make a legal Power of Attorney document.
Just in case
Think of Power of Attorney as an insurance policy.
Many people do. They do not put it in place for any particular reason except to feel a little safer. We never know what is going to happen, and life has already been pretty unpredictable over recent years. Power of Attorney helps us prepare and create a more stable future.
As long as you are over 18 and of sound mind, you can speak to a solicitor about getting Power of Attorney.
Use our quick quote form to find and compare nearby solicitors who can help put you in control.
