What is a power of attorney?
The power of attorney is a document that empowers a person, or multiple people, to make decisions on behalf of someone else. These people are known as ‘attorneys’.
You can read our post on using a power of attorney for buying and selling property in the UK for a more in-depth look at the document. This post in particular is focussed on how it works regarding buying and selling property, though it can also be used in other situations.
Additionally, we also have a guide to international powers of attorney and a guide to using powers of attorney in the UAE.
When you might need a power of attorney
A power of attorney can be used in a few different situations both in the UK, and in other countries around the world.
They can be used to manage property and finances, or matters related to healthcare. Additionally, there are ordinary powers of attorney, and lasting powers of attorney. The latter replaced the enduring power of attorney in 2007, so if you see this type mentioned, you do not need to worry about it as new ones are no longer made.
For example, an attorney can be empowered to deal with banks or other third parties. They can also be given the power to choose where someone lives.
They can be used both in the UK, or abroad. For example, you can get one to empower an individual to sell your property on your behalf in another country.
To be used in the UK, any copies will need to be certified; for use abroad, they will need to be notarised by a Notary Public. We can do both of these for you.
How to get a power of attorney
A power of attorney will need to be drafted. You can either do it yourself on the Government’s website, or get help with drafting your document from an expert. We can help you draft your power of attorney.
You will need to show that you are over 18 and have the mental capacity to make your own choices for you to be able to make and sign one. This also applies to anyone who you name as an attorney.
Then, you will have to notify your attorneys by sending a form called ‘form to notify people’. After this, they have three weeks to inform the Office of the Public Guardian if they have any issues.
Finally, your power of attorney can be properly registered with the Office of the Public Guardian, which is done through a form. Registering it costs £82. It takes around 20 weeks to be registered, if there are no problems.
Why you need a Notary Public
At our firm, we have a Notary Public of England and Wales with years of experience, Nathan Woodcock. We can arrange for your power of attorney to be certified or notarised by him. Your appointment can be at one of our offices in London, Manchester and Sheffield. Alternatively, you can book to be at a time and place that suits your needs, due to our accessible mobile notary service.
We can also help you get an apostille from the Foreign, Commonwealth and Development Office (FCDO) for your power of attorney. We have a standard service that takes 10 to 15 days, and a fast-track service that takes 5 to 7 days, so you can choose what timeframe suits you best for getting an apostille from the FCDO.
Do not hesitate to get in touch with us if you need the help of our expert notary on matters related to powers of attorney.
