Thinking of creating powers of attorney?

Published by Vanessa Crosby on February 09, 2011

In simple terms a power of attorney is a formal written appointment of an agent by someone thereafter known as the donor.

Many people facing the onset of old age, or the prospect of diminished capacity from any cause, desire to appoint another person to ensure that their affairs will be properly looked after.

There are two types of enduring powers of attorney. Enduring power of attorney in relation to property and enduring power of attorney in relation to personal care and welfare.

Whilst the role of the property attorney is probably self explanatory, the role of the attorney appointed for personal care and welfare may not be. It covers decision making in all areas of personal life, including such matters as selection of an appropriate rest home, appointment of a guardian acting in relation to medical issues or personal needs, and even extending to matters such as withdrawal of life support.

A donor may create both kinds of power either in the same document or separate documents and the same person may act as attorney for both powers. There are important witnessing requirements so if you wish to make a power of attorneys you should consult your solicitor.

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