We understand that not everyone understands what a Power of Attorney really is. A Power of Attorney (POA) is a document which allows elected persons to act for another. The person making the power of attorney is called a donor and the person appointed to act on their behalf is called an attorney.

A Power of Attorney is often used when a person wants to buy or sell property but that person is going to be unavailable because for example they are going to be off Island when the sale/purchase is going through and another person is nominated to act on his/her behalf. This is a general Power of Attorney for a specific purpose.

The second and more common use of a Power of Attorney is where an individual is at risk of losing mental capacity or wish to make provision for this possible eventuality.  It can also be useful when the individual is physically incapable of managing his or her own matters. In this case the person giving the power must execute an Enduring Power of Attorney (EPOA).

The difference between the two types of attorney is that a general Power of Attorney will include an end date as the donor often intends the Power of Attorney to be granted for a single specific purpose and is automatically terminated upon mental incapacity whereas an Enduring Power of Attorney once registered will continue to be effective and with only terminate upon death of individual.

There are many things to consider when deciding whether you would need a Power of Attorney. To find out more please read more here:

We are here for you to talk through what you need, with years of experience and knowledge including specialists in the field of mental capacity, particularly with respect to Enduring Powers of Attorney and receivership matters.

MannBenham are here for you

We are here for you to talk through what you need, with years of experience and knowledge. If you’re considering applying for a Receivership and want to find out more about the process or want assistance with your application, please feel free to speak with one of our Private Client Team on +44 (0)1624 639350 or email them at [email protected] to arrange your free initial consultation.

Source: MannBenham Advocates
What is a Power of Attorney? – written by Jade Bradley | Article posted on 19 July 2023