Power of attorney is a legal document that allows someone to make decisions on behalf of another person. The person granting the power of attorney is known as the ‘donor’, and the person receiving the power of attorney is known as the ‘attorney’. There are two types of power of attorney: Lasting Power of Attorney (LPA) and General Power of Attorney (GPA).
An LPA is a legal document that allows the donor to appoint an attorney to make decisions on their behalf in the event that they become mentally incapable of making decisions for themselves. An LPA remains in force once it is registered with the Office of the Public Guardian, and can be used for a variety of purposes, such as managing the donor’s finances, property and healthcare.
A GPA is a legal document that allows the donor to appoint an attorney to make decisions on their behalf for a specific period of time. Whilst an LPA is designed to be a long-term arrangement, a GPA is usually used for more temporary situations. For example, if the donor is going on holiday and needs someone to manage their finances while they are away.
So, how long can an ordinary power of attorney last? Whilst a GPA can, in theory, last indefinitely, they are usually used for more temporary situations. You can therefore insert into the GPA wording, an automatic end date. This is quite different from an LPA which remains in force once registered.
It is important to note that an LPA must be registered with the Office of the Public Guardian before it can be used. This means that the attorney cannot act on behalf of the donor until the LPA has been registered.
It is also important to remember that an LPA can be revoked at any time by the donor, as long as they have the mental capacity to do so. If the donor becomes mentally incapable of making decisions for themselves, then the LPA will remain in force until it is revoked by the Court of Protection.
In conclusion, an ordinary power of attorney can last indefinitely, but it is usually used for more temporary situations. An LPA must be registered with the Office of the Public Guardian before it can be used, and it remains in force until it is revoked by the Court of Protection. It is important to ensure that you understand the implications of both types of power of attorney before you make a decision.