Other Powers of Attorney

Enduring Powers of Attorney England and Wales Enduring Powers of Attorney have been replaced by Lasting Powers of Attorney in England and Wales. However, Enduring Powers of Attorney can still be used if they were made and signed before 01 October 2007.

Once signed an Enduring Power of Attorney can be used immediately by the attorney with the permission of the donor (the person who made the document). The attorney must register the Enduring Power of Attorney with the Office of the Public Guardian if the donor is losing, or has lost the ability to make their own decisions.

The donor can cancel an unregistered Enduring Power of Attorney at any time. After registration permission from the Court of Protection will be needed to cancel the Enduring Power of Attorney and the donor will need to prove that they have capacity to make their own decisions.

Ordinary or General Powers of Attorney These are used by individuals who are able to conduct their own affairs but for practical reasons they need someone else to act on their behalf. The individual granting the power is called the donor and the person appointed to act is the attorney.

An Ordinary or General Power of Attorney can be effective for a specified period of time for example a trip abroad or the document can run until the donor decides to bring it to an end by issuing a Deed of Revocation.

If the donor becomes mentally incapacitated whilst an Ordinary or General Power of Attorney is in place, then the authority granted by the document is automatically revoked.

An Ordinary or General Power of Attorney can provide a general authority to deal with all the donor affairs or it can be in respect of specific matters, such as a house purchase or sale.

Because the donor will be legally competent and have mental capacity, an Ordinary or General Power of Attorney does not need to be registered with the Office of the Public Guardian or Court of Protection.

Be aware that an Ordinary or General Power of Attorney will not be able to help you if you lose mental incapacity.

Each UK jurisdiction have variants on the above documents