PAUL KING TEP EXPLAINS:
What is an Ordinary Power of Attorney?
“If you need a spouse, partner, child or someone else to help you with your bank accounts, bills, savings, pensions etc then you need to act today and prepare an Ordinary Power of Attorney.”
“The Covid-19 outbreak has understandably driven many of us to put our affairs in order in case we are incapacitated. A prolonged period of isolation or a stay in hospital could make it difficult to manage bills and finances. Spouses, civil partners and cohabitees have no automatic legal right to access or manage our accounts if we become unable.”
“Often the solution is to make a Lasting Power of Attorney which, once registered, gives someone you trust the power to manage your financial affairs. But whilst Lasting Powers of Attorney normally take 8+ weeks to register, the Office of the Public Guardian is currently experiencing severe delays in processing registrations (currently 13 – 15 weeks). Applicants can be waiting for their documents for months, with no protection in place should they fall ill.
“Fortunately there is a simple but little-known solution – the Ordinary Power of Attorney. This document (sometimes called a ‘General Power of Attorney’) gives someone you trust the power to manage your finances during temporary periods of physical incapacity or isolation. It is a document that is valid immediately once signed and witnessed. It is quick and easy to make, providing you with peace of mind at a difficult time.”
“An Ordinary Power of Attorney is a powerful document. If it is drafted incorrectly, it may grant too wide powers to your attorneys or it may become unusable. We can tailor your Power of Attorney to include appropriate limits to your attorney’s power. Our fees are highly competitive and during our October awareness campaign, we can prepare your documents at a discounted price of just £90 + VAT including drafting, printing, binding, postage and checking your document once signed (usually £120 + VAT).”
- Quick and easy to put in place – valid once signed and witnessed.
- Covers property and financial affairs.
- Valid in England and Wales.
- Needs to be made whilst you are in good mental health.
- Lasts until you cancel it, lose mental capacity or die.
- Can include limits on your attorney’s powers.
Get in touch to make your appointment:
|Lasting Power of Attorney||Ordinary Power of Attorney|
|£270 + VAT||£120 + VAT £90 + VAT|
|Two types – one for financial decisions, one for health and care decisions.||Covers financial and property decisions only.|
|Must be registered with the Office of the Public Guardian before it can be used.||Does not need to be registered.*|
|Finance and Property LPAs can be effective immediately, or when you lose capacity. Health and Care LPAs are effective when you lose capacity.||Can be used as soon as it has been signed, or can come into effect on a date you specify.|
|Lasts until you die, even if you lose mental capacity – or until you revoke (cancel) whilst you have capacity.||Lasts until you die, revoke (cancel), lose mental capacity, or the expiry date.|
|Requires the signature of you, each of your attorneys and a ‘Certificate Provider’.||Only requires your signature in the presence of two witnesses.|
|* Some banks require you to ‘register’ the document with them before it can be used.|
Complete the form above or call 0800 788 0500 to make a phone or video appointment.
Our legal team will draft an Ordinary Power of Attorney for you which limits your attorneys’ powers in accordance with your instructions.
We’ll draft, print, bind and post your document to you with instructions for signature.
We’ll check your document has been executed properly.
“Whilst my mum paints, I help sort her bills…”
“My dear mother Margaret likes nothing more than to meet with friends for a cup of tea and a chat. Being stuck indoors in recent months has been hard on all of us, this being true of my mother. But isolating is also an opportunity to try something new and during lockdown she started a new hobby – painting by numbers – which requires a great deal of patience and focus. The vase of flowers here being one of her recent masterpieces! By having an Ordinary Power of Attorney in place, I can help her with mundane tasks such as sorting out her bank accounts, bills and insurance, so she can concentrate on her painting.”
What is an Ordinary Power of Attorney?
It is a document that you can make under section 10 of the Powers of Attorney Act 1971, giving someone you trust the power to help you with your property and financial affairs.
What is the difference between an Ordinary and General Power of Attorney?
In England and Wales, the terms are used interchangeably to refer to a document that grants someone power to help with finances and property, and is only valid whilst you have mental capacity.
What is the difference between an Ordinary and Lasting Power of Attorney?
An Ordinary (or General) Power of Attorney grants someone the authority to help you with finances and property whilst you have mental capacity. A Lasting Power of Attorney will still be valid after you have lost mental capacity. Lasting Powers of Attorney can be made to cover both finance/property and health/welfare decisions.
Should I have both an Ordinary Power of Attorney and a Lasting Power of Attorney?
It is wise to make both at the same time. The Ordinary Power of Attorney will be valid immediately. The Lasting Power of Attorney will be valid once registered, but can take several months to complete. Having both documents means you are covered straight away, should you find yourself temporarily incapacitated.
Should I use an Ordinary Power of Attorney template or form?
There are a number of websites offering Ordinary Power of Attorney templates in a very basic format for free. However, this document should include properly drafted limits on your Attorneys' powers. It is therefore advisable to use a solicitor or lawyer to draft the document for you.