A continuing power of attorney covers your finances and property
The document must specify exactly what powers you want your attorney to have. Check carefully that you include all the powers that may be needed. For example, these could include:
- paying bills
- collecting pensions and other money due to you
- dealing with bank or building society accounts
- having access to financial information from your bank and other financial bodies
- buying and selling investments and other property, including houses
- signing documents and entering contracts
- bringing or defending legal actions, for example, in the case of an accident
- making gifts of specified amounts to named people
- expenses for the attorney.
What your attorney can't do
A continuing attorney cannot - make a will for you; make gifts to him or herself or to anyone else, unless specifically authorised to do so, appoint a successor or do anything the power of attorney document does not list.
Choose to have your attorney help you now, or later on
You can authorise your attorney to act for you whilst you are still able. You might want to do this for convenience.
If you want the power to continue in the event that you lose capacity, you must state this in the power of attorney document. Otherwise the attorney will not be able to act for you. You can specify that the attorney can only make use of the powers after a particular event, for example, if your doctor certifies that you have become mentally incapable of managing your finances. This provides extra protection to you and support to your attorney, who may find it hard to decide whether or not he/she should take over particular tasks.
All powers of attorney which will continue or start on incapacity must contain a statement that you (the granter) have considered how incapacity is to be determined in relation to decisions about the matters to which the power relates.
A continuing power of attorney must be registered with the Office of the Public Guardian before it can be operated, even while the granter has capacity.