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Power of attorney - applications
When a person dies without leaving a will the law dictates what is to happen to their possessions be it a few pounds, some cherished objects or jewellery or a large amount of money.
The most common types of Power of Attorney in England and Wales are:
Ordinary Power of Attorney- which can be general or limited to specific affairs.
Enduring Power of Attorney- which can be used in the event of the Donor's mental incapacity.
Usually, an Ordinary Power of Attorney is created for a set period of time in cases where the Donor is going abroad or is unable to act for some other reason and wishes someone else to have the authority to act on his or her behalf. An Ordinary Power of Attorney will usually end either at a specified time or upon the request of the Donor at any time using a Deed of Revocation and will automatically be revoked if the Donor loses mental capacity. There is no requirement for the Ordinary Power of Attorney to be registered.
In contrast, an Enduring Power of Attorney allows the Donor to appoint a legally authorised person to look after their property and financial affairs should they become incapable of doing so themselves at some point in the future. It continues after the Donor has become mentally incapable of managing his or her affairs and must be registered when the Attorney becomes aware or has reason to believe that the Donor has become or is becoming mentally incapable.
For advice about managing the affairs of someone else, see the Citizens Advice website on the link below: