In order to make a power of attorney, you must be capable of making decisions for yourself. This is called having mental capacity.
There are 2 different types of power of attorney: ordinary power of attorney and lasting power of attorney.
Ordinary power of attorney
You might want to give someone an ordinary power of attorney if:
- you have a physical illness
- you have an accident which leads to physical injury
- you are abroad for a long time
You should not use ordinary power of attorney if:
- you have been diagnosed with a mental health problem or other disease which can lead to mental incapacity
- you think you may develop a mental health problem or other disease which can lead to mental incapacity
This is because you won't be able to continue using an ordinary power of attorney if you lose your mental capacity. Under these circumstances, it may be more appropriate to use a lasting power of attorney.
You can find out more about how to make an ordinary power of attorney from Citizens Advice.
Lasting power of attorney
A lasting power of attorney (LPA) gives someone the authority to make decisions on your behalf when you no longer have the mental capacity to make decisions for yourself. You must make an LPA while you still have mental capacity.
Different types of lasting power of attorney
There are 2 types of LPA:
- property and financial affairs LPA
- personal welfare LPA
Depending on your situation you can make an LPA for either type or both. You don't have to make both types at the same time.
You can find out more about making a lasting power of attorney.