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Ordinary Power of Attorney: a temporary alternative to an LPA
By: Miriam Taylor, Mon Jun 14th, 2010
The article explains the alternative to an LPA – an Ordinary Power of Attorney. This article should be read in conjunction with the other Net Lawman articles on Powers of Attorney. Links are available at the end this article.
What is an Ordinary Power of Attorney?
First, we shall explain the concept of a ‘Power of attorney'. It is a legal document whereby one person (the "Donor" or "Granter" in Scotland gives another person or persons (the "attorney") the power to act on his or her behalf with regard to his or her property and financial affairs. A Lasting PoA is set up in case the donor becomes ill and lacks mental capacity to deal with their own affairs.
However, an ordinary PoA is useful if, for example, the donor is simply unavailable for sometime. The donor may be going on an extended holiday, or may know they will be in hospital for some time. In such cases, the donor gives the attorney authority to act on his or her behalf for a certain time. The most common types of power of attorney in England and Wales are:
- Ordinary power of attorney (PoA) - which can be general or limited to specific affairs;
- Lasting power of attorney (LPA) - which can be used in the event of the Donor's mental incapacity. Note, this was formerly known as an Enduring Power of Attorney.
An Ordinary power of attorney will usually end either at a specified time or upon the request of the Donor at any time using a Deed of Revocation. It will automatically be revoked if the Donor loses mental capacity. There is no requirement for the Ordinary power of attorney to be registered.
In contrast, a lasting power of attorney allows the donor to appoint a legally authorised person to look after their affairs should they become incapable of doing so themselves at some point in the future. It is only effective once the donor has lost mental capacity and upon registration.
Who can grant a PoA?
Someone who grants a power of attorney is called a donor. The donor must have mental capacity and can only grant the power of attorney to do things that they have the right and capacity to do themselves. Only the donor can make the decision to create a power of attorney.
Types of PoA
There are numerous types of PoA, however, the most common are those for general powers, or those which specify a particular power, such as to sell a house, or deal with bank accounts.
If the only power you would like to give someone is to operate your bank account, you should just write to your bank. Many banks have their own form –a form for third party mandate - which they will ask you to complete and return to them.
Social security benefits
If you are temporarily unable to collect your benefit and it is normally paid into your bank or building society account, you should write to your bank or building society, asking them to give temporary power to someone else to operate your account. If your benefit is normally paid by cheque, you can fill in the back of the cheque to allow someone else to cash it for you. If you want the agent to cash a benefit cheque for you on a regular basis, you should contact the office that deals with your benefits payments to let them know.
How to grant an ordinary power of attorney
There is no standard form for an ordinary power of attorney, and if you want to grant an ordinary power of attorney, you should contact an experienced adviser, such as the Net Lawman associate Expert Legal Adviser.
About the Author:
Net Lawman Ltd is an English company operated by Andrew R. Taylor. Most legal work is undertaken by Rajeev Goswami assisted by English barristers. Following are the relevant resources: power of attorney UK ,
For more information, visit us at http://www.netlawman.co.uk