Key terms to understand a Power of Attorney

General

Power of Attorney’s may be a legal document you are aware but there are many people in the UK that are unaware of how important they are. For many they assume that when a partner is incapable of making decisions for themselves that due to marriage they can automatically act on their behalf and continue to operate bank accounts. This is not the case. Regardless of your marital status you need to have Power of Attorney’s in place in order to be able to act on behalf of your loved one. There are two types – Health and Welfare; Finance and Property. These documents given chosen individuals the ability to be able to act on another individual’s behalf in terms of their finances and medical care.

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There are some key terms used in Power of Attorney’s that are important to be aware of and a Cheltenham Power of Attorney  company such as https://beesandco.co.uk/our-services/wills-cheltenham can help with any questions that you  may have, along with the drawing up and filing of these documents.

Here are some of the terms used:

  • Attorney – this is the person appointed by the individual (Donor) to act for them either on both types of Power of Attorney or just one. This can be one person acting alone or acting together with others.
  • Court of Protection – this is a section of the HIgh Court in the UK that deals with the rights and protection of those individuals who no longer have the capacity to be able to deal with their own affairs.
  • Donor – the individual who is making the Power of Attorneys and appointing the Attorney or Attorney’s.

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  • Health and Welfare – this is the Power of Attorney that deals with decisions such as your medical care, daily routine and whether you need specialist support, where and when you are to placed in a care home and your decisions on life sustaining treatments.
  • Property and Finance – this Power of Attorney deals with decisions relating to bank accounts, savings, investments, pensions, benefits and other forms of income, paying bills and accessing accounts as well as the sale of any property that may be necessary.
  • Mental Capacity Act – this legal act defines what ‘capacity’ is and also details the way in which these individuals should be treated and the protection that will be given to them via the Court of Protection.

If you have questions regarding these incredibly important legal documents it is important to discuss these with your chosen professional when discussing the particulars of the documents before having them drawn up and file on your behalf.

Written by suNCh8

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