What is a power of attorney?

Powers of attorney are documents which you use to give another person, called your 'attorney', the right to manage affairs on your behalf. The person giving another the right to manage your affairs is known as the 'donor'.

In order to create a valid power of attorney, the donor must have the capacity to appoint an attorney. Capacity, in this context, has a special legal meaning which is related to the ability to understand the implications or consequences of your actions as opposed to simply being able to do something. Legal capacity is discussed in our ‘What is mental capacity?’ section. If the donor does not have the mental capacity to create a power of attorney, it will be ruled invalid.

Anyone who has the mental capacity to be an attorney can act as an attorney. This can include your partner, a relative or friend. However, in a lasting power of attorney, your attorney must be over the age of 18 and if dealing with your property and affairs, may not be an undischarged or interim bankrupt.

You can cancel a power of attorney whilst you are still of sound mind. However, if a lasting power of attorney has been registered with the Office of the Public Guardian, and you then lose the capacity to manage your own affairs, only the Court of Protection has the power to cancel the document.

This article contains information about England & Wales only. There are different types of powers of attorney in Scotland and Northern Ireland. If you wish to create powers of attorney in either jurisdiction, you should read our article on Scotland and our article on Northern Ireland.

There are different types of powers of attorney, depending on your circumstances and location. If you are looking to create a power of attorney in England & Wales, you should read our article on the different types of powers of attorney available in England & Wales.