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Power of attorney gives one person (the attorney) the right to act on the behalf of another (the donor).  It is common for an elderly parent to give this right to an adult son or daughter or for someone buying a house to give it to their solicitor.

In England & Wales there are two types of Power of Attorney – general and enduring.

A general power of attorney is the kind used, for instance, to allow a solicitor to act on your behalf during the sale and purchase of a property.  However, if the person handing over the power of attorney becomes mentally incapable then the power of attorney ceases at that point.  This means it is no use where an elderly relative gives power of attorney so that if they become seriously ill someone can look after their affairs.  For this, in England, Wales and Northern Ireland, an enduring power of attorney must be given - using a prescribed form.  If the donor does become incapable of managing their own affairs then the attorney must register the EPA with the Public Guardianship Office.  Similar rules operate in Scotland.

The power of attorney can be revoked by the person who gave it, whenever they wish.  This should be done in writing and a copy given to the attorney.

It is also important to understand that power of attorney can only be given by someone who is capable of understanding what they are doing.  This means that where power of attorney is needed for someone under the age of 18 or for anyone with mental illness or incapacity, it is important to get a solicitor involved and make sure that the correct steps are taken (this involves making an application to the Court of Protection) – otherwise the person acting on their behalf can find themselves in deep trouble.

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