Powers of Attorney

Our expert solicitors can prepare a Power of Attorney which suits your requirements. A Power of Attorney is a document by which one person appoints another to assist them with their affairs and look after them generally. There are two types:

GENERAL POWER OF ATTORNEY

This a straightforward document but is only useable whilst the person making the appointment continues to have legal capacity. This means it will cease to have effect if the person making it suffers mental or physical illness or injury which stops them being able to continue to consent to the ongoing use of the power of attorney.

LASTING POWER OF ATTORNEY

This will continue to be effective even if the person who made it ceases to be able to consent to the ongoing use of the Lasting Power of Attorney or to deal with their affairs themselves. There are two types of Lasting Power of Attorney, one is for Property and Affairs, which deals with a person’s property and financial affairs and the other is for Health and Welfare, which deals with such things as how a person wishes to be looked after if they are unable to say so themselves at the time. You can make either of the two types at the same time, or separately. If you have not made a Lasting Power of Attorney or the earlier type - an Enduring Power of Attorney (of which more see below) and you become unable to manage your own affairs, someone will have to apply to the Office of the Public Guardian to be appointed as a Deputy of your affairs. This can be time consuming and expensive and there are continuing obligatory formalities to be dealt with every year and expenses to be paid, often for the rest of the person’s life.

ENDURING POWER OF ATTORNEY

These are the forerunner of the Lasting Powers of Attorney, but can no longer be made. However, if one was correctly prepared before or on 30 September 2007 then it will continue to be valid and useable.

GENERAL CONSIDERATIONS

The person you appoint to be your attorney can be your husband or wife, your son or your daughter, other relative, a trusted friend or a professional such as ourselves, or a combination of these people. Please contact our team of renowned solicitors to discuss your requirements. We can act as your attorney, either solely or together with a close family member or friend. This ensures that our professional expertise and protection will always be available when needed. These are just some of the aspects of creating a new Power of Attorney and dealing with existing ones that we can help you with:

  • What is suitable for your needs
  • Why and when
  • Whether more than one attorney is needed
  • Who to appoint
  • In what circumstances the attorney is to act
  • What the attorney can do for you
  • How you can cancel a Power of Attorney
  • What your responsibilities are as an Attorney
  • To what extent you are responsible for the Attorney’s actions
  • When the Office of the Guardian needs to be notified
  • What your responsibilities are to the Attorney

Mr Peter Benjamin, one of our senior solicitors, says “when appointing an Attorney, you need to consider various factors such as your estate, your finances and your general well-being and consider if this person is capable and reliable enough to deal with your personal affairs. We would recommend appointing a family member who lives close-by instead of a friend who lives in another city”.

If you need a Power of Attorney or would simply like to discuss this with a member of our team, please e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. or call 020 3058 3363 to schedule a free 20-minute consultation.