A Power of Attorney is a document by which one person (the "Donor") gives another person (the "Attorney") the power to act on behalf of the Donor. It may provide the ability for the Attorney to do specific limited tasks or to act on behalf of the Donor generally. There are however different types of Power of Attorney to meet different situations. We believe it would be prudent for everyone to have an Enduring Power of Attorney.

An ordinary Power of Attorney - The absent Donor

An Enduring Power of Attorney - For everyone

Trustees - Appointing Attorneys

You may be about to embark on an important transaction that will require you to sign some documents. For instance, the sale of your property may be proceeding whilst you are away. By using an ordinary Power of Attorney you can authorise your chosen Attorney to sign the required documents on your behalf. In practice, you may want to have prior sight by either fax or e-mail of the proposed document before it is signed on your behalf.

We all like to think that loss of mental or physical capacity will not happen to us. However, it may happen suddenly, even to the young, for example, because of an accident or serious illness. What would happen then?

An EPA is a document which appoints someone else (your Attorney) to look after your affairs. You can place restrictions on what they can do. It can take effect at a pre-determined time chosen by you or in the event of your incapacity.

We recommend that everyone should make an EPA.

Someone who is a trustee can appoint an Attorney to act on their behalf in relation to trust matters but it is a particularly complex area of law and proper professional advice should be sought.