A power of attorney is not a new concept. It has been used for centuries throughout the world as a tool that facilitates transactions beyond one person’s authority.
Still, it has become more common within the United Kingdom due to an increase in living alone and facing age-related illnesses or health problems.
In most cases, there is no need to involve any third parties when creating an Ordinary Power of Attorney because you will have ultimate control over your affairs until mental incapacity takes hold – which can happen at any time without warning. This means that you should always be able to make decisions about your money and property on your terms, if possible, so being appointed as someone.
What is an Ordinary Power of Attorney?
An ordinary power of attorney is a legal document that allows you to appoint an individual known as your ‘attorney,’ who will be given the authority to make certain decisions on your behalf.
This can include financial matters such as: buying and selling property; managing bank accounts (including savings and current); taking out loans and credit cards in your name, paying bills or collecting benefits, arranging investments, receiving. It can also cover health care decisions such as making medical choices for yourself if necessary.
Although this type of power does not need to involve any third parties, it still needs to meet strict criteria before being allowed by law, so please ensure all relevant paperwork has been signed properly. Hence, there are no issues down the line regarding consent from the Office of the Public Guardian1.
Who Can Use an Ordinary Power of Attorney?
There are no strict rules regarding who will be allowed to use an ordinary power of attorney. Still, it has been set up for the sole purpose of giving individuals the ability to make decisions on their behalf.
What does this mean?
This means that you should always appoint someone who knows your wishes and can make sound judgments to avoid any disagreements or unnecessary involvement from third parties such as doctors and solicitors.
You can choose one person or several people (known as co-attorneys) if needed as long as they have permission beforehand.
This type of arrangement could work well if a couple had similar thoughts about certain issues – remember that only one signatory needs to meet legal standards each time something needs signing off!
If you have a child who has not yet reached the age of 18, then an ‘attorney for property and affairs will need to be appointed on their behalf.
This is there as a safety net so that suitable decisions can still be made about living arrangements, accommodation, schooling, etc. if you are no longer able to support them properly – but it’s important they have been named specifically by name or else this document essentially becomes useless until they reach adulthood!
Making an Ordinary Power of Attorney
The first step in making an OPA is to appoint the person you want to act on your behalf. This can be done very easily by filling out a form and appointing either one or two of them, depending on who you would like to make decisions for you.
You can choose any of these individuals: Adult children (including adopted), Siblings, Spouse friends, Someone who lives nearby.
I know the feeling,
It may seem strange that choosing someone outside of your family could work well. Still, it’s important not to automatically assume that only relatives will do because they might live far away from where you are now – which makes communication difficult if there were ever a problem.
It would be best if you also thought about the idea that when people get older, their immediate families tend to move further away to get a better job and provide for their children – which means they might not be in the same country at all.
It’s also important to think about who you trust most with your money and property because this person will need to decide everything from paying bills, selling something, or renting out a room if necessary. The best way of doing this is by making an OPA that appoints two people, so each one has equal power, but it may not be easy choosing between different members of your family and friends.
Registering an Ordinary Power of Attorney
Having made the necessary decisions about who you want to appoint, it is now time to register your OPA. This can be done by visiting any of these places depending on where you live: Registry Office Local Council Registering office Post Office A solicitor’s office.
You will need two copies, one for yourself and another for your attorney(s). You should also complete a witness form with each person that agrees they witnessed both parties signing in front of them – this isn’t compulsory. Still, it would help if anything were questioned later down the line.
It gets better,
Once everything has been signed properly and handed over to whoever needs it, you can relax knowing that someone else is there looking after things until mental incapacity takes hold (e.g., dementia2) or you are no longer able to look after yourself (e.g., terminal illness). But
Ending an Ordinary Power of Attorney
There are several ways that an OPA can come to an end:
The person who made a power of attorney (the ‘donor’) revokes it. The donor dies, or They lose mental capacity.
If they revoke it, you must give back any documents and information associated with your role as their attorney. Suppose they pass away or lose mental capacity. In that case, this will automatically cancel the arrangement straight away, so no other action is needed – but please be aware that there may still be tax implications depending on whether money was paid out before then, such as inheritance tax for selling a property after someone has died.
How Do I Get an Ordinary Power of Attorney in the UK?
You can get an OPA by visiting your local Registry Office or Council office.
How Much Does an Ordinary Power of Attorney Cost?
It varies depending on how many people you want to appoint, but the price is usually between £50 and £100.
What Is the Difference between Ordinary and Durable Power of Attorney?
A durable power of attorney is made when someone wants to appoint another person – or more than one other person – to act on their behalf if they later lose mental capacity.
This OPA does not come into effect until this happens, ensuring that the donor has all the necessary assistance in place without any problems arising. At the same time, they are still able and capable of making decisions for themselves.
Do You Need to Register an Ordinary Power of Attorney?
If you want to appoint an attorney, they must give their details to the Office of the Public Guardian to record and be accessible if ever needed.
However, this isn’t compulsory, which means there can be some uncertainty about whether someone has been appointed as your attorney or not – but you should still discuss this with them before anything happens to make sure they are aware of the situation and what you would like them to do.
An OPA is a great way of ensuring that your financial affairs are being handled sensibly. It can be drawn up very easily to appoint anyone you wish. However, it’s important to remember the legal implications, so if anything was going wrong or something needed sorting out straight away, then you would have no legal authority whatsoever – which could lead to major problems further down the line.