A Power of Attorney is a fancy name for a document whereby one person appoints another person (usually but not always a member of family) to manage his or her property and affairs.

A simple Power of Attorney has been known to the law for decades if not centuries. It can be used for example if a person goes abroad for a protracted time and appoints somebody to act as his or her agent in absence.

The problem with such a simple Power of Attorney is that if the person creating it (the donor) becomes mentally incapable then the document immediately ceases to be valid. In the case of people who are elderly or becoming a little confused then this is just the time when the Power is needed. The problem is solved by creating a Lasting Power of Attorney which as the name implies means that it remains valid even if the donor subsequently loses mental capacity.

It is thus a very good idea for somebody who may be getting on in years or getting a bit confused and wants somebody to help them with their affairs.

There is also the possibility of creating a Lasting Power enabling the agent (attorney) to make personal decisions about the donor's welfare. The two things cannot be combined and two documents would be required.

The documents must of course be done before serious incapacity intervenes as a certificate of mental capacity has to be provided at the start. We can provide such a certificate ourselves. These documents have to be registered with the Court to be effective and we can of course deal with all of that rather complicated paperwork.