What Is Meant By Power Of Attorney?

• Published date: 22 April 2021
• Subject Matter: Food, Drugs, Healthcare, Life Sciences, Law Practice Management, Strategic Planning
• Law Firm: Keebles
• Author: Ms Michele Wightman

In order for someone to make financial or medical decisions on your behalf, you'll need to give them Power of Attorney over your affairs.

However, you are only able to set up a Power of Attorney while you still have the capability to consider information and make your own decisions - ie mental capacity.

What types of Powers of Attorney are there?

The most common form of Power of Attorney is a Lasting Power of Attorney (LPA).

An LPA is an ongoing arrangement with no expiry date which enables another person to make decisions on your behalf. Once registered, it can be used immediately, with your permission while you still have capacity - or, alternatively, it can take effect when you lose mental capacity.

The document needs to be registered with the Government through the Office of the Public Guardian, and only applies to England and Wales.

Types of Lasting Power of Attorney

There are two types of Lasting Power of Attorney - for Health and Care Decisions, and Property and Financial Affairs.

Lasting Power of Attorney for Health and Care Decisions allows someone to make decisions on your behalf only if you have lost mental capacity. Your attorney(s) could make decisions on:

• what medical treatment you receive, such as life-sustaining treatment.
• day-to-day matters such as your diet, dress or daily routine.
• giving or refusing consent to health care.
• staying in your own home and getting help and support from social services.
• moving into a nursing home (residential care) and finding a good care home.

The LPA for Property and Financial Affairs gives your attorney the power to make decisions about your money and...