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A properly drafted Power of Attorney allows you to make provision in advance for the possibility that, at some stage, you require somebody else to deal with your financial or welfare affairs. However, it is important to understand what powers an attorney has under a Power of Attorney, and their limitations.
You might say it is a matter of life and death. Basically, an attorney deals with the affairs of someone whilst they are alive whilst an executor deals with the affairs of someone who has died. Whilst that might seem simple and straightforward, it is important to understand the different functions of an attorney and an executor.
A Power of Attorney allows you to make provision in advance for the possibility of you becoming incapable of managing your own financial and welfare affairs during your lifetime. This becomes increasingly important as the risk of supervening mental incapacity grows through longevity, illness, or accident.
The standard form of Power of Attorney in England and Wales is the Lasting Power of Attorney (LPA). These forms can either be to cover Property and Financial Affairs, or Health and Care Affairs. In practice, these forms can be very difficult to complete as they must be signed and dated in a very specific order and the smallest mistake will result in the application for registration being rejected. It is widely accepted that the procedure can be confusing, inflexible, and bureaucratic.
Since the introduction of LPAs in 2007, the world has changed with the growth of technology and people’s expectations have changed with it. The Government has decided to reform the process of making and registering LPAs in England and Wales to make it safer, easier, and more sustainable.
Many people go through life without putting a Power of Attorney in place. If you are fortunate to be in a position where you may never require someone to make decisions on your behalf when you become unable to, this may not be a concern. However, if you find yourself in a situation where you can no longer look after your own affairs, the lack of a Power of Attorney can become time consuming and expensive.
When you grant a Power of Attorney, the aim is to appoint an attorney you can trust. You expect your attorney will make the kind of decisions you would make but no longer can. In life, however, things do not always turn out as planned and, on occasions, it can be difficult to prevent misuse of a Power of Attorney.
