Choose the correct document

A power of attorney is, generally speaking, a document where you give another person (called your 'attorney') the authority to act on your behalf. There are different types of powers of attorney, depending on your location and circumstances. This article is designed to help you choose the correct document if you need a power of attorney for use in England or Wales.

For more information on other jurisdictions, see our articles on choosing a power of attorney in Northern Ireland and Scotland.

The first question that you need to ask yourself is whether you want the document to remain valid if you were to lose capacity to make decisions for yourself.

You may lose capacity due to such factors as an illness, accident or the onset of a condition, such as dementia. When this happens, if you do not have a power of attorney, your relatives cannot automatically take control of your affairs for you. By having a power of attorney, however, you can ensure that whilst you are still of sound mind, you are able to ensure your needs will be taken care of should something happen to you. If this is what you are looking for, you will need a lasting power of attorney (described below).

If you are not looking for a power of attorney to remain valid if you have lost capacity to act on your own behalf, then you will need a general power of attorney (described below). Please note that this document is also known as an ordinary power of attorney. You might need this document if, for example, you are leaving the country for a brief period and need someone to look after your affairs whilst you are away.

Since 1 October 2007, lasting powers of attorney have replaced enduring powers of attorney. A lasting power of attorney will remain valid if you have lost capacity to act on your own behalf. You may need this type of power if, for example, you are in the early stages of Alzheimer's and you want to ensure that you are looked after by a person whom you know and trust. There are two types of lasting power of attorney, one for your financial affairs and one for your personal welfare. Each of these is described in greater detail below. In addition, if you want more information on this topic, you can read our article on lasting powers of attorney.

If you want to create a power of attorney for some to look after your property and financial affairs, you must create a 'Lasting power of attorney - Property and affairs' document. This document will give another person the power to look after all matters relating to your finances and property, subject to any restrictions you make. This can include such things as paying bills or buying and selling property.

The 'Lasting power of attorney - Personal welfare' covers matters relating to your personal welfare (i.e. your social and health care needs). The LPA will give another person the power to do such things as making decisions on your medical care, deciding where you live and what social activities you participate in, subject to any restrictions you make.

Personal welfare LPAs and property and affairs LPAs are treated as separate applications, so you must fill these forms out separately if you want both powers. You should consider granting a financial affairs power of attorney and a personal welfare power of attorney at the same time. This is because there is a close connection between making personal welfare decisions and financial decisions.

A general power of attorney cannot be used when a person loses capacity to make decisions for themselves, but is designed for use over a limited period of time, if, for example, someone is leaving the country for a while and needs another person to look after their affairs whilst they are gone. If you would like more information, you should read our article on general powers of attorney.