What Is A Lasting Power Of Attorney, And Why Set One Up?

Perhaps you have heard the term power of attorney before but are still unclear on what it means. Power of attorney, put simply, means bestowing legal and other decision making powers onto someone else. It is used in events where you are unable to take command of those decisions yourself.

Lasting And Ordinary

The two types of POA are lasting power of attorney and ordinary power of attorney. The former is for situations in which the donor, the party allocating powers of attorney, sets up a LPOA for the event of their mental incapacity. Whereas ordinary power of attorney is used when the donor still has capacity, but may bestow power of attorney for financial issues while abroad, for example.

It is important to set up a lasting power of attorney if you believe you may have cause to do so. Like a will, many people arrange for power of attorney when:

●     They become older

●     They have a physically hazardous and uncertain lifestyle

●     They have terminal diagnosis

●     They have a degenerative brain condition

Difference from a will

You may think that if you have taken care of your will, there is no need for LPOA. On the contrary, last will and testaments only deal with affairs in the event of your death. LPOAs put measures in place for decisions about your life, but when you are unable to make them yourself.

If you’re looking for Will assistance, solicitors can advise you on both Wills and powers of attorney.

Safeguarding Against The Unknown

Choosing a lasting power of attorney is important to protect in difficult circumstances. It means you can choose someone you trust to decide what happens with your finances and with your care. If you’re determined not to have mental capacity it will be too late to set up an LPOA. Therefore leaving such important matters out of your control.



In the event you do not have an LPOA, family members can become a deputy through the Court of Protection in order to make decisions on your behalf. But this is a slow and expensive process. In the meantime, neither you or your family will be able to make decisions on your finances or your care.

Choosing Someone To Take Care Of Important Affairs

It is very important to choose your POA carefully, given the power it gives them over your circumstances, and at a complicated time in your life. You can bestow POA to multiple parties if you wish, with different or equal powers.

That your attorneys understand the implications of their responsibility is also extremely important. The attorney/s you choose should also choose to accept only in full understanding. You may want to give them some time to think about it.

You are not required to use a solicitor, and can submit an application yourself. However, if you are not reasonably confident managing legal and financial documents, a solicitor is advised. Likewise if there are complicated assets or family dynamics to consider.

For Solicitors in Torquay, Torbay and the South West, contact Almy & Thomas today.