Power Of Attorney
A Will deals with what happens when you are no longer here.
A Lasting Power of Attorney deals with what happens during your lifetime if you are unable to make decisions or manage things yourself.
This could be because of illness, an accident, a temporary loss of capacity, or a longer-term change in your health.
Having Powers of Attorney in place means the people you trust can step in and help when you need them most.
What Is a Power of Attorney?
A power of attorney allows people you trust to make decisions or manage things for you if you are unable to do so yourself. In England and Wales, there are two types of Lasting Power of Attorney:
Property And Financial Affairs
Covering bank accounts, bills, property and financial decisions
Health And Welfare
Covering decisions about your care, medical treatment and daily life
In Scotland, the equivalent documents are usually known as Continuing and Welfare Powers of Attorney. In Northern Ireland, an Enduring Power of Attorney covers property and financial affairs.
We will explain what is right for your situation and make sure everything is put in place properly. It is not just about later life. It is about making sure the right people can step in if something unexpected happens.
Why It Matters
Many people assume their partner, spouse or family would automatically be able to deal with everything for them.
That is not always how it works.
If you were in an accident, became unwell, or temporarily lost capacity, your family may face delays, restrictions or complications when trying to access money, deal with accounts, pay bills, or make decisions on your behalf.
A Power of Attorney helps avoid that uncertainty by making sure the people you trust have the legal authority to step in if needed.
Is Power Of Attorney Only For Older People?
No. A Power of Attorney is often associated with later life, but it can be relevant at any age.
Illness, an accident or a loss of capacity can happen unexpectedly. If you own a home, have separate bank accounts, pay joint bills, share finances, have a family, run a household, or simply want someone you trust to be able to step in if needed, it is worth considering.
A Power of Attorney gives the people you choose the legal authority to help when it matters most.
Wills and Powers of Attorney — Stronger Together
FAQs
Without a Power of Attorney, even your closest family members may not have the legal authority to manage your finances, access your accounts, pay bills or make decisions on your behalf.
If you lost capacity without one in place, your family may need to apply to the court for authority to act for you. This can be a lengthy, costly and stressful process.
A Power of Attorney helps avoid that uncertainty by allowing you to choose the people you trust to step in if needed.
Not necessarily. This is one of the biggest misconceptions.
Even if you are married, in a civil partnership, or have been together for many years, your partner may not automatically have the legal authority to access your bank accounts, manage your finances, pay bills, or make decisions about your care.
A Power of Attorney allows you to choose who should be able to step in and act for you if needed.
It depends on the type of Power of Attorney and where you live.
In England and Wales, a Property and Financial Affairs Lasting Power of Attorney can usually be used once it has been registered, either straight away with your permission, or only if you lose mental capacity. A Health and Welfare Lasting Power of Attorney can only be used if you lose mental capacity.
In Scotland, a Continuing Power of Attorney can also be used once registered, either straight away or only if you lose capacity. A Welfare Power of Attorney can only be used once the relevant welfare decisions need to be made because you no longer have capacity.
In Northern Ireland, an Enduring Power of Attorney deals with property and financial affairs. It can be used while you still have capacity, with your permission, but it must be registered with the Office of Care and Protection if you lose capacity.
We will explain exactly how the rules apply to you and help you decide what is right for your situation.
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Talk With An Expert
Start with a free 15-minute call. We’ll help you understand your options, what information you’ll need, and what the process looks like.
We start with a short call to answer your questions. If you’re happy to proceed, we’ll arrange a convenient time to take your instructions and prepare your documents.