A power of attorney is a document in which the granter appoints someone they trust to look after their affairs. The person they give the power to manage their affairs is called the attorney. The attorney accepts certain responsibilities with the role.
A Continuing Power of Attorney can authorise an attorney to act on the granter's behalf on financial and property matters. A Welfare Power of Attorney is used for personal welfare matters.
It is up to the granter to choose. It could be a friend or relative, or a professional such as a solicitor, accountant, or someone from a voluntary organisation. A Continuing Power of Attorney can also be held by an organisation, such as a firm of solicitors. The same person can be the continuing attorney and the welfare attorney, or they can be different people.
The Power of Attorney is usually drafted by a solicitor and a solicitor, a practising member of the Faculty of Advocates or a registered medical practitioner must certify that he or she:
A new Power of Attorney must be registered with the Public Guardian to be effective.
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