Further Power of Attorney
Other types of Powers of Attorney
All of us know that we need to write a Will to make sure that our loved ones are financially secure in the event of our death. But what happens if you become ill and you can’t look after yourself, or you become mentally incapable? Would your affairs be left in limbo if you had an accident or became ill?
A power of attorney can help. It allows you to nominate a trusted friend or relative, or more than one if you so wish, to act on your behalf. The person you appoint, called an ‘Attorney’, can then use your money to pay bills, sell assets on your behalf and make gifts.
There are different types of Powers available dependant on where your client lives and what they are looking to do.
In England & Wales, in addition to Lasting Powers of Attorney which are covered in the LPA section of this site, there is also a General or Ordinary Power of Attorney.:
General Power of Attorney
(GPA) / Ordinary Power of Attorney.
A GPA is used when you want someone to act on your behalf for only a set period of time (e.g. if you are going abroad) or for specific events, when your age and health make it unlikely that you could lose capacity during the duration of the GPA. It applies only to your property and affairs and it cannot be used to authorise someone to make decisions concerning your personal welfare. Unlike the Lasting Power of Attorney, it ceases to take effect if you become mentally incapable and it doesn’t have to be registered.
There are also three types of Power available in Scotland.
Continuing Power of Attorney (CPA)
This Scottish form allows you to appoint someone to take long-term control of your interests, particularly if you’re elderly or in poor health. A CPA can be used by an Attorney both before and after you become mentally incapable, but it must be registered with the Office of the Public Guardian while you’re still mentally capable.
Welfare Power of Attorney (WPA)
This Scottish form allows you to appoint someone to make decisions about your welfare when you’re incapable of doing so yourself. For the WPA to be valid, it must be registered with the Office of the Public Guardian while you’re still mentally capable.
General Power of Attorney (GPA) continued.
A Scottish GPA is the same as the English version, previously mentioned.
In Northern Ireland ONLY they continue to use the Enduring Power of Attorney (replaced in England & Wales by the LPA)
Enduring Power of Attorney (NI)
An Enduring Power of Attorney only comes into effect if you have an accident, or become ill and you no longer have the mental capacity to look after your own affairs. This means that you can decide who is to have responsibility for your property and money, if you lose your mental capacity too suddenly to make arrangements at the time. If you have not already drawn up an enduring power of attorney and you lose your mental capacity, an application has to be made to the Office of Care and Protection, This process can be time consuming and expensive. It also means that you have no say in deciding who will look after your affairs as the Office of Care and Protection, will decide.
Advance Directive or Living Will.
An Advance Directive or Living Will is a legally binding document which allows your wishes relating to the medical treatment you wish to receive to be conveyed to hospital staff, should you be unable to do so yourself, rather than the decision be left to medical staff and or relatives, who may not be fully aware of what you would want