Power of Attorney terms explained

A power of attorney is a legal document that allows a person to give someone they trust permission to make decisions or act on their behalf. It could specifically set out what the attorney can and cannot do.

Depending on the type of power of attorney, it may allow the attorney to manage the person's money, property and finances, or make decisions about their health and care. It can be used for temporary support or for longer-term planning if the person's circumstances change.

The donor or granter is the person who sets up a power of attorney and gives someone else permission to make decisions or act on their behalf.

• In England, Wales and Northern Ireland, they are called the donor.
• In Scotland, they are called the granter.

To set up a power of attorney, the donor or granter must:

• Be aged 18 or over in England, Wales and Northern Ireland. Or 16 or over in Scotland.
• Have the mental capacity to understand the power of attorney document and the permission they are giving to someone else.

Mental capacity means a person’s ability to understand information and make decisions for themselves.

Mental capacity is assessed based on a specific decision at the time it needs to be made. When a power of attorney is being set up, the donor must have mental capacity.

A person is considered to have mental capacity if they can:

• Understand the information relevant to a decision.
• Remember that information long enough to make the decision.
• Weigh up the information and consider their options.
• Communicate their decision in any way, such as speaking, writing, signing or using gestures.

Some illnesses, injuries or conditions, such as dementia, can affect a person's ability to do this. Having a medical condition does not automatically mean someone lacks mental capacity. Mental capacity can vary depending on the decision being made and may change over time.

The attorney is the person chosen by the donor or granter to make decisions or act on their behalf under a power of attorney.

An attorney is usually a family member or close friend, but it can also be a professional such as a solicitor. They must act in the donor's or granter's best interests and follow any instructions set out in the power of attorney document.

You can have more than one attorney.

A sole attorney is the one and only person appointed under a power of attorney to act on behalf of the donor or granter. They do not share responsibility with any other attorneys and must follow any instructions set out in the power of attorney document.

Joint attorney is when there are two or more people appointed under a power of attorney to act on behalf of the donor or granter. Joint attorneys share responsibility and must act and make decisions together in line with the power of attorney document.

Joint and Several is two or more people appointed under a power of attorney. They can act on behalf of the donor or granter either together or independently. They share responsibility for managing the donor's or granter's affairs and must follow any instructions given to them by the power of attorney document.

Provides long-term support if the donor needs help managing their affairs now or in the future.

There are two types of LPA:

• Property and Financial Affairs LPA – covers decisions about money, property and finances.
• Health and Welfare LPA – covers decisions about health, care and medical treatment.

An LPA must be registered with the Office of the Public Guardian, the Government body for England and Wales, before it can be used. Once registered, attorneys can act in line with the powers given to them in the LPA document.

EPA is an older type of power of attorney. They can no longer be set up or registered in England and Wales. They were replaced by Lasting Powers of Attorney on 1 October 2007.

If an EPA was properly set up and registered before 1 October 2007, it can still be valid and used today. If the donor starts to lose, or has lost, mental capacity, the EPA must be registered with The Office of the Public Guardian, the Government body for England and Wales before the attorney can continue acting on their behalf.

A General Power of Attorney lets someone the donor trusts to help manage their finances, or act for them for a temporary period. If the donor loses mental capacity, the GPA automatically ends.

A Continuing Power of Attorney is the Scottish equivalent of a Lasting Power of Attorney in England and Wales. There are three types in Scotland:

• Continuing power of attorney for financial and property affairs.
• Welfare power of attorney for health and personal decisions.
• Combined power of attorney, that covers both welfare and financial.

A CPA can continue to be used if the donor loses mental capacity in the future. It must be registered with The Office of the Public Guardian, the Government body for Scotland before it can be used.

A General Power of Attorney allows a person to appoint someone they trust to help manage their finances or act on their behalf for a temporary period. It remains valid only while the person has mental capacity and automatically ends if they lose mental capacity.

Allows a person to appoint someone they trust to manage their property and financial affairs on their behalf. An EPA can continue to be used if the person loses mental capacity, but it must first be registered with the Office of Care and Protection, the Government body responsible for EPAs in Northern Ireland.

There are different regional Government bodies for different parts of the UK. A Government body is the Government or court organisation responsible for registering and overseeing powers of attorney. Before a power of attorney can be used, it must be registered with the relevant Government body for the country where it was created. This is usually where the donor lives.

The Office of the Public Guardian England and Wales (OPG) is the Government body responsible for administering and overseeing Lasting Powers of Attorney.

The Office of the Public Guardian Scotland is the Government body responsible for administering and overseeing Continuing Power of Attorney.

The Office of Care and Protection Northern Ireland is part of the High Court and responsible for administering and overseeing Enduring Powers of Attorney.

For Lasting Power of Attorney in England and Wales. A secure code that gives you the option to share a registered lasting power of attorney document instead of sending paper copies. It allows organisations to view a digital version of the document. These codes are only available for Lasting Power of Attorneys registered on or after 1 January 2016.