Power of Attorney gives someone the legal power to act on your behalf with regards to your property and financial affairs. This may be important in case you become incapable of managing your own affairs in the future.
The person who is to act for you is called the attorney. This may be any responsible relative, friend, or professional person. The most common types of Power of Attorney in England and Wales are:
Usually, an Ordinary Power of Attorney is created for a set period of time. It is usually applies if you are going abroad or are unable to carry out your affairs for some other reason. This gives someone you have chosen the authority to act on your behalf.
An Ordinary Power of Attorney will usually end either at a specified time or upon your request using a Deed of Revocation. It will also be automatically revoked if you loose mental capacity. There is no requirement for the Ordinary Power of Attorney to be registered.
In contrast, an Enduring Power of Attorney allows you to appoint a legally authorised person to look after your property and financial affairs should you become incapable of doing it yourself at some point in the future.
This continues if you have become mentally incapable of managing your own affairs. This must be registered when the Attorney becomes aware or has reason to believe that you have become or are becoming mentally incapable.
For further information and advice please see Community Legal Service Direct.
Please note: An attorney with either ordinary powers or enduring powers should not make decisions about anything other than financial matters.
If you feel that someone is abusing their powers or restricting contact to family and friends through their attorney powers, you should notify the authorities. They should not control the person's behaviour or choice.
Please contact one of the organisations listed if you require any further help, alternatively visit the Community Legal Service Partnership Information Points at the Civic Centre and Barking Town Hall main reception.
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