A power of attorney is a document that authorises another person to do something on your behalf. This can be things such as signing a document, operating a bank account or even making decisions about your welfare if you are incapable of doing so yourself - depending on the extent of the power given.

There are three common forms of powers of attorney. These are:

• Power of attorney and deed of delegation.
• Enduring power of attorney in relation to property.
• Enduring power of attorney in relation to personal care and welfare.

The first of these is where the person acting as attorney is to act only when you yourself are mentally capable of acting, but are prevented due to a physical absence or incapacity. The person can deal with all of your property on your behalf.

The second is where you wish the person to be able to act whether or not you are mentally capable of acting yourself. This means that if you have an illness which prevents you physically or mentally from making your own decisions the person can do so for you. Again the person can deal with all of your property - unless you specifically limit the power to certain property only.

It is important to realise that "property" means all types of property - such as bank accounts, shares and so on - not just your house.

The third type is quite different. This enables someone to make decisions in relation to your personal care and welfare only if you are mentally incapable of making those decisions yourself. Only one person can be appointed and of course it is very important that the person you choose is someone you trust and who understands your personal situation.

When?
You can appoint someone to act as your attorney at any time. Commonly, people consider this when they are going on holiday and may need someone to sign something while they are away. However, because we never know when the unexpected may happen, it's a good idea to have a current power of attorney at any time.

Who?
Any person over 20 years of age can be your attorney provided he or she is not bankrupt. The most important criteria though, is that you absolutely trust the person you are appointing.

Why?
As you can see, powers of attorney allow others to do things for you when you cannot. There are many situations when this may be needed. The documents are relatively simple and can be a real relief to family members when something unexpected happens.

What to do?
If you would like more information about powers of attorney contact us. We are happy to discuss with you why you might need such a document and how it can be helpful to your family to have this in place "just in case" the unexpected happens.