The powers available to your attorney vary depending on whether you create a General or a Lasting Power of Attorney. You can also restrict or enable their actions to suit the situation for which you’re using this form.
If it applies to your kind of POA, you can grant authority in:
Property and financial affairs
Giving your attorney powers for property and finances allows them to help with personal and business matters.
Personal property and financial tasks can be:
- Paying bills and a mortgage (e.g., accessing your bank account to pay your mortgage)
- Collecting and recovering debt
- Maintaining and managing a rental property
- Changing retirement plans and accepting benefits
- Managing your estate and family concerns
- Selling property
- Filing taxes
You can also give power to your attorney to manage your business. This means they can oversee the best interest of your company by making employment, budgetary, and investment decisions. Your attorney can also be a proxy in meetings and vote as a shareholder in your absence.
Personal welfare
If your Power of Attorney is created to include health and welfare, you can give powers to your attorney to carry out your medical needs. This includes:
- Consenting to or refusing medical treatments
- Consenting to or refusing medical trials
- Decisions about where you live (e.g., in a care home or independently with support)
- Decisions about your day-to-day life (e.g., your diet and daily routine)
Powers you cannot grant an attorney
There are certain decisions that an attorney cannot make for you. This includes:
- Executing or altering your Last Will and Testament
- Revoking an advanced medical directive
- Making decisions about your care if you’re admitted to a psychiatric facility
- Making decisions about your family relationships or religion (e.g., entering a marriage or getting a divorce)
Additionally, there are restrictions on your attorney’s medical decision-making. For example, they cannot decide on donating organs or terminating a pregnancy.
Check your legislation or ask a solicitor for more advice on what an attorney can and cannot do in your jurisdiction. |