AA Legal Documents

England & Wales

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Contents

The information provided tells you how to create, register, object to the registration of and revoke a power of attorney (POA). You will also find the answers to some frequently asked questions.

Create a power of attorney

There are different types of POA. The type you would require depends on the circumstances in which you want the POA to be valid and what you want to use it for.

The article 'Create a power of attorney' discusses issues such as: choosing the correct power of attorney and the characteristics of the enduring power of attorney, lasting power of attorney and the general power of attorney.

Register a power of attorney

The general POA does not need to be registered to be effective, but it automatically loses its effectiveness as soon as the person who made the power of attorney (the 'donor' becomes mentally incapable of managing his or her own affairs.

The lasting power of attorney (LPA) must be registered to be effective, while the enduring power of attorney (EPA) needs to be registered only if it is to remain effective after the donor has become mentally incapable of managing his or her own affairs.

See the article, 'Register a power of attorney' for the steps you need to take when registering an enduring power of attorney and registering a lasting power of attorney.

Before registering either an EPA or an LPA, certain people must be notified of your intention. For more information, see the section on how to give notice of your intention to register.

Object to registration

There may be situations where you wish to object to the registration of a POA.

The steps you will need to take to object will depend on the type of POA and whether you are the donor, the attorney, a person notified of the intention to register it or a concerned friend or relative.

The article 'Objecting to registration' sets out what you need to do to object to the registration of a lasting power of attorney as well as how to object to the registration of an enduring power of attorney.

Revoke a power of attorney

When a POA is revoked it becomes invalid and the authority of the attorney(s) appointed to act on the donor's behalf ends.

If you have created a POA that you wish to revoke, you will find more information in the article How to revoke a power of attorney.

Power of attorney FAQs

Some of the most frequently asked questions relating to POAs are set out in a 'Frequently Asked Questions' (FAQs) article. Answers to the following questions may be found there:

1. What is a power of attorney?

2. Do I need a lasting power of attorney?

3. What is mental capacity?

4. What can I do as a carer?

5. What is the Court of Protection?

6. What is the Public Guardian?

7. What is a deputy?

Other jurisdictions

This information is only applicable to POAs for England & Wales. If you need information on Northern Ireland or Scotland, you should read our article on these topics.