General power of attorney

The importance of putting in place a power of attorney must not be underestimated, where any one of us could become critically ill or be admitted into hospital at any given time. A general power of attorney is a legal document in which an individual, the donor, gives another person, the attorney, the right to help them make decisions or to take decisions on their behalf. Also commonly referred to as an ordinary power of attorney (OPA), an OPA can be used by an attorney, or attorneys, if more than one, to manage the donor’s assets and finances.

When somebody is struggling to manage their affairs or sign documentation — either because they are in hospital, unable to leave the house or out of the country — an OPA is an effective way of having someone else step into their shoes. This could be used in simple scenarios, such as paying routine bills, accessing bank accounts, and collecting any state pension or benefits. It can also be used to delegate significant responsibility over the running of a business. Unlike a Lasting Power of Attorney an OPA does not need to be registered and can be used immediately.

It is a common misapprehension that next of kin would be automatically entitled to handle any personal or business matters on a person’s behalf, if the need ever arose, but this is not the case. Ideally, an attorney should be appointed in advance, and the scope of their authority clearly defined within the OPA. Even though an OPA can only be used if the donor still has mental capacity, the donor may not be readily available, or easily able, to provide instructions on certain matters, so the rights and responsibilities of the attorney(s) must be made clear.

How we have helped our clients

At Blackhurst Budd Solicitors we have helped hundreds of clients to put a general power of attorney in place, providing them with the peace of mind that their property and financial affairs will be taken care of, where needed. We have a wealth of experience in advising individuals on all aspects of powers of attorney, from who can be appointed to the scope of any actions that an attorney can take on someone else’s behalf.

Equally, even though many clients will be looking to appoint a close relative or friend to act on their behalf, we are also able to step into that role as professional representatives, at all times acting in the client’s best interests when it comes to managing their assets and finances.

How we can help you with a power of attorney

For those of you who are looking to put in place a general power of attorney, we can provide you with the right advice, to ensure that this is done effectively, tailored specifically to your individual circumstances and the decisions that you would like to be taken on your behalf.

We can also advise on lasting powers of attorney (LPAs): a long-term solution in the event that you lose the mental capacity to manage your own affairs. An LPA can be used for decisions around your health and welfare, as well as any financial matters, giving both you and your loved ones the peace of mind that any important decisions can be made if you are no longer capable of making these yourself, including decisions around day-to-day care and treatment.

How to contact us for help

For expert and independent legal advice and assistance on obtaining a power of attorney, call Blackhurst Budd Solicitors today on 01253 629300.