When it becomes difficult for a loved one to make decisions for themselves or their affairs, either temporarily or permanently, a power of attorney can be put in place to guarantee their finances and health, among other assets, are well looked after.
Power will normally be delegated to a family member, friend, or even a solicitor. Anyone can be selected as long as they are over the age of 18.
There are multiple forms of power of attorney. In this article, we will be looking at an ordinary power of attorney. However, you can find out more about the other types by reading Plan Ahead – Power of Attorney.
What is an Ordinary Power of Attorney?
An ordinary power of attorney differs from other types due to the length of time it is intended for. An ordinary power of attorney is useful when a person becomes temporarily unable to manage their affairs. This could be if they become unwell, are suffering from an injury, or are abroad. In this type of power of attorney, the donor (the person giving over some of their rights to decision-making) must have mental capacity.
With this type of power of attorney, the donor also has control over what parts of their affairs their nominated person can make decisions on for them. For example, they may give permission for the nominee to make financial decisions on their behalf, but not medical. Alternatively, they may choose for this to be the other way around, or for both.
What is Mental Capacity?
Mental capacity is the ability of someone to make decisions for themselves. When a person cannot understand the information needed to make a decision, or is incapable of communicating their thoughts, they are considered to lack mental capacity. Usually, a lack of mental capacity is long-term, though there can also be short-term causes.
More information on mental capacity can be found at the Mental Health Foundation.
How to Make an Ordinary Power of Attorney
As for making an ordinary power of attorney, there is no standard form to complete. However, the deed must use this wording:
“This General Power of Attorney is made this day of (date) by me (donor’s full name) of (address). I appoint (attorney’s full name) of (address) (joint) / (jointly / jointly and severally) to be my attorney(s) in accordance with section 10 of the Powers of Attorney Act 1971.
“Signed by me as a deed and delivered.”
Unlike most other forms, an ordinary power of attorney does not need to be registered with the Office of the Public Guardian and can be used as soon as the donor signs it.
An ordinary power of attorney will end if the donor loses mental capacity or they revoke it, using a deed of revocation.
If the donor is expected to lose mental capacity in the foreseeable future, it might be worth looking into a lasting power of attorney.
How Much Does an Ordinary Power of Attorney Cost?
An ordinary power of attorney, unlike a lasting one, is free to set up. This is because it does not need to be registered.
However, while it’s possible to make an ordinary power of attorney yourself, some people prefer to use the advice of a solicitor. This would mean paying legal fees, which will usually be upwards of £500 but can differ significantly. Choosing to make an ordinary power of attorney with the support of a solicitor can help ensure that the document is legally binding.
Careline Alarms
If mental or physical capacity is becoming a concern for you or your loved one it may be worth investing in a personal alarm. Personal alarms ensure older people or those living with disabilities can continue to live independently and confidently in their own homes.
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