In the UK power of attorney is a legal process in which individuals can nominate a trusted third party to take control of their finances or health and welfare in the event that they are unable to make those decisions for themselves, either due to ill health or mental incapacitation.
How Does Power of Attorney Work?
Power of attorney allows individuals to specify the conditions under which it is enacted and nominate their chosen person to act on their behalf in such an event. Until such time that the condition is met – for example, loss of mental capacity due to a brain injury or Alzheimer’s – the individual retains full control of their affairs.
There are two types of power of attorney – financial and health and welfare – and it is possible to draft one or both and either nominate the same person for both or choose different people that are best suited to each type of power of attorney.
When Does a Power of Attorney End?
In the UK power of attorney ends when the individual concerned passes away or when they elect to cancel the power of attorney.
A nominated attorney can also bring the arrangement to an end if they become bankrupt, lose their own mental capacity or simply wish to stop acting on behalf of their nominee. In such an instance, either an alternative named attorney will need to take over the role or the individual’s family should apply for a deputyship order in order to make appropriate decisions on their behalf.