Do I need a Power of Attorney?

Hello, everyone. Today I’d like to talk about something many people overlook until it’s too late — the Power of Attorney. This simple document can make all the difference if you become unable to make decisions for yourself, whether through illness, accident, or age.

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What exactly is a Power of Attorney?

A Power of Attorney is a legal document where you (the donor) appoint someone you trust (the attorney) to make decisions on your behalf. The trusted person is called an ‘attorney’ but they can be any trusted adult of sound mind, they do not have to be a lawyer or solicitor. 

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In the UK, the most common form is the Lasting Power of Attorney (LPA). There are two types:

1. Property and Financial Affairs LPA – allows your attorney to handle banking, bills, investments, property sales, and other financial matters.

2. Health and Welfare LPA – allows your attorney to make decisions about medical treatment, care arrangements, and daily welfare if you lose capacity.

 

Both must be registered with the Office of the Public Guardian before they can be used.

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Why is a Power of Attorney important?

The short answer is that without one, your family may have no legal right to act for you. They would need to apply to the Court of Protection for a deputyship order — a process that is slow, expensive, and stressful.

 

By making a Power of Attorney in advance, you:

• Choose who will act for you, rather than leaving it to the court.

• Avoid family disputes about who should take responsibility.

• Ensure continuity — bills are paid, care decisions are made, and your affairs continue smoothly.

• Save your loved ones time, money, and emotional strain at an already difficult moment.

 

Other benefits

• You can appoint more than one attorney, and specify whether they act jointly or separately.

• You can include preferences and guidance to make sure decisions reflect your values.

• Attorneys are legally bound to act in your best interests and can be removed if they fail in their duties.

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Can a Power of Attorney be changed or cancelled?

 

es. As long as you have capacity, you can revoke or replace your Power of Attorney at any time. Life changes — such as marriage, divorce, or a change in circumstances of your chosen attorney — are good times to review it.

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In summary

A Power of Attorney is not just for the elderly. It is an essential safeguard for anyone who wants to ensure their affairs and welfare are managed by people they trust if they cannot act themselves.

It avoids costly court applications, reduces the risk of disputes, and gives peace of mind that important decisions will always be made in your best interests.

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I strongly recommend that everyone consider making both types of LPA as part of their wider planning. Thank you for your attention, and if you have any questions or would like help preparing a Power of Attorney, please feel free to make contact.

 

Please contact us for details at info@eddisoncogan.co.uk

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