Power of Attorney

What is Power of Attorney?

A power of attorney is a document by which one person ("donor") gives another person ("attorney") the power to act on his or her behalf and in his or her name. Please do not confuse "attorney" with a lawyer - the attorney may or may not be a lawyer.

A power of attorney may be completely general, entitling the attorney to do almost everything the donor could do. Or it may be limited to certain defined objects. It may be for a specified period or indefinite.

What are the most common types of powers of attorney?

• A general power of attorney (also known as ordinary power of attorney) allows the attorney to do anything which the donor could do. However, it ceases to have effect upon the mental incapacity of the donor. For example, you might set up a general power of attorney to allow a friend to sell your house for you while you are working abroad.
• An enduring power of attorney allows the attorney to do whatever powers are given to the attorney in the document. It survives the mental incapacity of the donor but must be registered with the Court of Protection. It cannot be granted once the donor has become mentally incapable. You might set up an enduring power of attorney to allow trusted relatives to manage your affairs if you become ill in later years.
• A specific power of attorney gives the attorney specified powers. For example: "to sell my Morris Minor" or "to buy and sell stocks and shares in my name".

You do not need the services of a solicitor to obtain a power of attorney.

Haringey Council does not act as attorney under either power of attorney or enduring power of attorney but does act as a receiver in certain circumstances.

The Court of Protection appoints receivers to provide financial protection services for those who are not able to manage their financial affairs because of mental incapacity. Applications are made through the Office of the Public Guardian:

Office of the Public Guardian
Archway Tower
2 Junction Road
London N19 5SZ
Phone 0845 330 2900 (phone lines are open from 9am - 5pm)
Fax 020 7664 7705
Textphone 020 7664 7755
Website www.publicguardian.gov.uk (see external links below)
Email customerservices@publicguardian.gsi.gov.uk

The Office of the Public Guardian supports and promotes decision making for those who lack capacity or would like to plan for their future, within the framework of the Mental Capacity Act 2005.

Power of attorney forms can be obtained from good stationers or from the Office of the Public Guardian.

Useful External Links

The following links are not part of the Haringey Council website. Please read our legal disclaimer before using these links

• Office of the Public Guardian

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