Power of Attorney

Type of Power of Attorney

There are several types of Power of Attorney. However in all cases you should only ask someone to be your Attorney if you trust them implicitly. It is possible to limit the areas in which the Attorney can operate.

1 General Power of Attorney

Use this to enable some-one else (called your "Attorney") to deal with all property in your sole name, including land and bank accounts. It ceases to be valid on your death or mental incapacity or if you revoke it

2 Power of Attorney pursuant to the Trusts of Land and Appointment of Trustees Act 1996

If you own land with someone else, use this to enable your Attorney to deal with your interest in that property. You cannot appoint your co-trustee. It ceases to be valid on your death or mental incapacity or if you revoke it.

3 Trustee Power of Attorney

If you own property with someone else, use this to enable your Attorney to deal with your interest in that property. You cannot appoint your co-trustee. It ceases to be valid on your death or mental incapacity or if you revoke it.

4 Enduring Power of Attorney

Your Attorney can continue to use this to deal with your affairs and property, whether owned in your sole name or which you own with a co-trustee. It ceases to be valid on your death or if you revoke it. There are certain procedures to follow, if you become mentally incapable of dealing with your affairs.

Revocation of Power of Attorney

You can withdraw or revoke a power of attorney at any time except in the case of an Enduring Power of Attorney when the donor no longer has mental capacity.