At Canko Law Firm, we understand how important it is to have someone you trust handle your affairs when you are unable to do so. A General Power of Attorney (GPA) is a flexible and convenient way to give someone the legal authority to manage your property, finances, or other responsibilities for a set period.
Whether you need someone to manage your bank accounts, handle your financial affairs, or oversee a property sale, our expert solicitors can assist you with drafting and setting up a General Power of Attorney. We also offer guidance on the different types of Power of Attorney, ensuring you choose the right option for your situation.
A Power of Attorney (POA) is a legal document that lets you appoint someone you trust (your attorney) to act on your behalf. This can be helpful in many situations, such as when you are abroad, in hospital, or otherwise unable to handle your own affairs.
There are several types of Power of Attorney:
General Power of Attorney (GPA): For short-term needs, such as managing your financial affairs while you are traveling.
Ordinary Power of Attorney (OPA): A type of GPA used when you are temporarily unable to handle certain responsibilities but still have mental capacity.
Lasting Power of Attorney (LPA): Designed for long-term planning, including times when you may become mentally incapable.
Health and Welfare LPA: Covers decisions about your medical care and personal welfare.
Property and Financial Affairs LPA: Covers decisions about your money, property, and bank accounts.
At Canko Law Firm, we can advise on all types of POA and help you set up the right one for your needs.
A General Power of Attorney allows you to temporarily give someone authority to manage specific tasks on your behalf. Unlike an LPA, a GPA is only valid while you have mental capacity. This means that if you lose your mental capacity, the GPA will no longer be valid.
GPAs are often used for:
Managing bank accounts or paying bills when you are traveling or unavailable.
Handling property transactions, such as buying or selling a house.
Overseeing financial affairs during a hospital stay or temporary absence.
You can specify exactly what your attorney can do and set limits on their powers. For example, you might allow them to manage one specific task, such
as selling a property, but not give them access to other assets.
A General Power of Attorney:
Takes Immediate Effect: Once signed, a GPA becomes valid immediately and does not require registration with the Office of the Public Guardian.
Can Be Tailored: You decide what powers to grant and for how long.
Is Easy to Revoke: You can cancel a GPA at any time by completing a Deed of Revocation.
However, if you lose your mental capacity, the GPA will no longer be valid. For long-term planning, you may need to set up a Lasting Power of Attorney (LPA).
While a GPA is a practical tool, it comes with risks. The person you appoint will have significant control over your affairs, so it is important to:
Choose someone you trust completely.
Clearly define their powers and limitations in the document.
Consider whether you need to appoint more than one attorney to ensure checks and balances.
If you choose multiple attorneys, they can either act independently (each making decisions on their own) or together (making decisions jointly). Our solicitors can help you decide the best arrangement for your needs.
A General Power of Attorney is temporary and only valid while you have mental capacity. In contrast, a Lasting Power of Attorney (LPA) remains valid if you become mentally incapable.
There are two types of LPA:
Health and Welfare LPA: This allows your attorney to make decisions about your medical treatment, care, and personal welfare if you can’t make these decisions yourself.
Property and Financial Affairs LPA: This lets your attorney handle your financial affairs, including managing your bank accounts, paying bills, and dealing with property.
An LPA must be registered with the Office of the Public Guardian before it can be used, which can take several weeks.
If you lose your mental capacity without setting up an LPA, your loved ones may face difficulties managing your affairs. In such cases, they may need to apply to the Court of Protection to be appointed as a deputy. This process is more time-consuming and expensive than setting up an LPA in advance.
If you need a General Power of Attorney for use abroad, such as in Turkey, we can help. This often involves legalising the document with an apostille from the Foreign, Commonwealth & Development Office (FCDO).
Our team has experience with cross-border matters and can ensure your document meets the legal requirements of the country where it will be used.
Consult a Solicitor: Get legal advice to ensure the GPA is tailored to your needs.
Draft the Document: Clearly outline what powers your attorney will have and any restrictions.
Sign the GPA: Once signed, the document becomes valid immediately.
Keep it Safe: Provide a copy to your attorney and store the original in a secure place.
Revoke When Needed: If you no longer need the GPA, complete a Deed of Revocation to cancel it.
At Canko Law Firm, we offer:
Expert advice on setting up Powers of Attorney.
Assistance with drafting and tailoring the document to your needs.
Guidance on appointing attorneys and their responsibilities.
Help with international legalisation for overseas use.
Support with LPAs, including advice on the registration process with the Office of the Public Guardian.
Our team is experienced in both domestic and cross-border matters, making us well-equipped to handle complex situations.
Yes, you can appoint multiple attorneys. They can either act independently or jointly, depending on your preferences.
If you become mentally incapable without an LPA, your loved ones may need to apply to the Court of Protection to manage your affairs.
Yes, you can cancel a GPA at any time by signing a Deed of Revocation.
A GPA is temporary and only valid while you have mental capacity. An LPA remains valid if you lose your mental capacity and covers long-term planning.
If you need help with a General Power of Attorney, Lasting Power of Attorney, or any other legal matter, our team is here to assist.
Email: info@canko.co.uk
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At Canko Law Firm, we provide clear, practical advice to help you protect your interests. Whether you need assistance in London, Turkey, or internationally, our experienced solicitors are ready to guide you every step of the way.