What Is Power of Attorney? How to Apply for Power of Attorney

The definition of power of attorney is 'The action or fact of appointing a person to act as one's representative in legal or business matters.
' from The Shorter Oxford Dictionary (Sixth Edition).
In practice, a power of attorney (POA) is a legal document in which one person (the 'donor') appoints one or more trusted people to manage their affairs or welfare if they lose the capacity to do so for themselves.
In UK law there are several different types of power of attorney, ranging from temporary POAs through to enduring and lasting forms.
For this article we'll define power of attorney as the long-term arrangement made so that one person can manage the affairs or welfare of another for a long time.
As such it is just one provision (albeit a very powerful one) that can be made to ensure that someone's needs and wishes are properly considered at an unspecified future date.
Types of power of attorney Powers of attorney are an important complement to documents such as wills, living wills, letters of wishes and other provisions.
In the UK until 2007, there was a form of POA called an Enduring Power of Attorney (EPA).
Anyone given power under an EPA can still use it and apply to have it registered.
However, since 2007, the main form has been the Lasting Power of Attorney (LPA).
The two variants of the LPA Two variants of the LPA exist: the Property and Affairs LPA and the Personal Welfare LPA.
As the names suggest, the former enables appointment of someone to make decisions about financial affairs while the latter deals with care and welfare issues.
Both documents must be registered before they can be used; without this, the LPA has no legal standing.
Registration may be done while the donor still has mental capacity or after they have lost this.
How to apply for power of attorney In the UK, this can be done by a solicitor or by obtaining the required forms from the Office of the Public Guardian.
Because of the complex nature of the paperwork and the importance of completing the forms correctly, it's usually wise to hire a solicitor or other legal professional with experience of setting up LPAs.
Because the post-2007 LPA is more complex than its predecessor, the fees have increased considerably compared to the old Enduring Power of Attorney.
Registering and cancelling a Lasting Power of Attorney Either the donor or their appointed attorney may apply to have an LPA registered.
Once this has been done, the LPA continues indefinitely, though the donor can cancel an LPA if they still have the mental capacity to do so.