Which type of Power of Attorney do I need?
General Power of Attorney (GPA’s)
These can be used to appoint a person for a specific amount of time (usually up to a year) for a specific task or general help (if you’re out of the Country or have had an operation) and only whilst the Donor (person creating the POA) has mental capacity. GPAs don’t have to be registered anywhere and can be used as soon as they are created.
Lasting Power of Attorney (LPA)
These can be for general use or for a specific task, are still valid if the donor loses their mental capacity, and can last for the rest of your life or until you cancel them. There are two different types available covering Property and Financial Decisions and Health and Care.
*Important* A LPA cannot be used until it is registered with the Office of the Public Guardian. You can register the LPA at any time, (before or after someone loses their capacity) and the registration process normally takes around 2 months so we would encourage people to start the process as soon as they think they need it.
Enduring Power of Attorney (EPOA)
These were available until the 1st October 2007, when they were replaced by Lasting Powers of Attorney. EPAs signed by the Donor before that date are still valid, but if a Donor loses their mental capacity, then the Attorneys must stop using the EPA and register it with the Office of the Public Guardian before they can use it again. This registration process normally takes around 2 months.