Two Types of Power of Attorney

I am often asked by people who are going overseas (yes, we used to do that!) or at least leaving home for an extended period or going into hospital about signing a document that allows someone to look after their legal affairs in their absence including signing contracts and leases.

There are two types of Power of Attorney:

     1. A General Power of Attorney is for people who need to appoint
         someone to act on their behalf for a limited time while they are away. It
         will no longer be valid if you lose mental capacity; and
     2. An Enduring Power of Attorney will still be valid if you lose mental
         capacity but it requires a certificate to be signed by a solicitor saying
         he explained the effect of it before it was signed and the attorney must
         accept it by signing the Power of Attorney.

So if you only need someone to act on your behalf for a reasonably short time, a General Power of Attorney may be enough but it may be more appropriate to use an Enduring Power of Attorney for longer periods especially in the case of elderly people.

April 2021