There may be occasions where you as an individual are unable to manage your own affairs and this could be temporary or permanent.
If this is the case it is usually better if you have chosen an authorised person to act on your behalf. This can be done by creating a Power of Attorney.
A Power of Attorney can be used to authorise an Attorney to act generally for you or you can be given in relation to specific matters only.
An Ordinary Power of Attorney can be granted under the Trustee Act of 1925 or under the Powers of Attorney Act 1971.
What is an Ordinary Power of Attorney?
An Ordinary Power of Attorney (OPA) is a legal document in which someone (the Donor) gives another person (the Attorney) the right to help them make decisions, or take decisions on their behalf. It can also be called a General Power of Attorney.
An OPA can only be used if the donor has mental capacity.
This means that the Attorney appointed by the power is no longer able to act if the Donor has lost capacity. This is often when the power might be needed. If this is the case then you should consider making a Lasting Power of Attorney [link].
An OPA is useful when it becomes temporarily difficult for the Donor to manage their own affairs.
The Donor can limit the Attorney’s powers under an OPA. For example, they can authorise them to only deal with their financial affairs or in relation to a particular transaction. The Donor can also still make decisions for themselves if they wish to do so.
Unlike some Powers of Attorney, an OPA does not need to be registered with the Office of the Public Guardian, and can be used as soon as the Donor of the Power signs the Deed.
Contact our Power of Attorney Solicitors in Ruislip, Middlesex
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