Power of Attorney

We specialise in drafting powers of attorney (POA) and can draft them to ensure that they are valid in jurisdictions outside the UK. We will assist you with the legalisation and attestation process if they are to be used in a foreign jurisdiction. We can also assist you in drafting a statutory declaration.

General Power of Attorney

A power of attorney is a document authorising your chosen attorney to do something on your behalf such as sell or buy land or act on your behalf by signing cheques or instructing lawyers. Your attorney under this legal instrument can act for you if you fall ill or become incapacitated.

There are different types of powers of attorney. Most people may be able to relate to an ordinary or general power of attorney. This essentially is a temporary document and drawn up for a specific objective (e.g. buy or sell land on the donor’s behalf) and will be revoked upon death or incapacity of the donor or at the completion of the stated objective.

Lasting Powers of Attorney (LPA)

A lasting power of attorney is intended to be a permanent document. The Mental Capacity Act 2005 and the Mental Capacity Act 2005 together with the Code of Practice (the Code of Practice) brought about new regime governing permanent powers of attorney. There are two different types of LPA:

  • A Property and Affairs LPA, permits your Attorney to make decisions about how your money is spent and the way your property and other affairs are managed (e.g. buying and selling) and it can be made whilst you have the capacity to make decisions yourself;
  • A Personal Welfare LPA, allows your appointed person to make decisions about your healthcare and general welfare (e.g. life sustaining treatment or daily routines), but it can only be used when you lack the capacity to make decisions.

However, in order for your POA to have any legal effect it must be registered with the Office of the Public Guardian (OPG). We will advise and assist you with this process and ensure that it is correctly drafted and certified.

Appointing a Deputy

In the event that there is no power of attorney in place then the law requires the person, electing to resolve or deal with affairs of the vulnerable person, to apply for deputyship to the Office of the Public Guardian (OPG). A deputy will have the right to make decisions about a person’s personal welfare, property and financial affairs.

Contact Power of Attorney Lawyers, London

Our specialist lawyers can guide you on drafting a power of attorney. Contact us today to see how we can help. Call 0203 540 6340 or alternatively, please email us on contactus@merchistonsolicitors.co.uk.

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