Powers of attorney (PoAs) are documents that you use to give another person (called your 'attorney') the right to manage affairs on your behalf. The person creating the power of attorney is known as the 'donor'.
In order to create a valid PoA, the donor must have the capacity to appoint an attorney. Capacity, in this context, has a special legal meaning that is related to the ability to understand the implications or consequences of your actions as opposed to simply being able to do something. Legal capacity is discussed in thesection. If the donor does not have the mental capacity to create a PoA, it will be ruled invalid.
Anyone who has the mental capacity to be an attorney can act as an attorney. This can include your partner, a relative or friend. However, in a lasting power of attorney (LPA), your attorney must be over the age of 18 and, if dealing with your property and affairs, may not be an undischarged or interim bankrupt.
You can cancel a PoAwhilst you are still of sound mind. However, if an LPA has been registered with the Office of the Public Guardian (OPG) , and you then lose the capacity to manage your own affairs, only the Court of Protection (COP) has the power to cancel the document.
This article contains information about England & Wales only. There are different types of PoA in Scotland and Northern Ireland. If you wish to create PoAs in either jurisdiction, we recommend you read the article on Scotlandand the article on Northern Ireland .
There are different types of PoA, depending on your circumstances and location. If you are looking to create a PoA in England & Wales, you can find out more by reading the article on the different types of powers of attorney available in England & Wales.