Life can be unpredictable, and situations like illness, injury, or accidents might leave you unable to manage your affairs. That's why it's essential to have a power of attorney (a legal document that allows you to appoint someone you trust to make important decisions on your behalf) in place before such events happen.
However, even if you have been granted a power of attorney, you may still need to provide proof of this authority to institutions like banks, healthcare providers, or legal authorities. This often involves presenting a certified copy of the power of attorney document along with identification to confirm your role as the attorney.
In this article, we will guide you through the entire process of proving power of attorney in such situations.
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Types of Power of Attorney
A power of attorney is a legal document that allows one or more individuals (referred to as attorneys) to act on behalf of another person (known as the "principal" or "donor"). This can include making decisions related to legal, financial, or health matters, particularly when the donor is no longer capable of making these decisions themselves.
There are three types of power of attorney:
LPA for health and welfare
LPA for property and financial affairs
Ordinary Power of Attorney.
LPA for health and welfare allows an attorney to make decisions about the donor's health and personal care, such as medical treatments or living arrangements, but only when the donor is unable to make these decisions themselves.
LPA for property and financial affairs gives the attorney the authority to manage the donor’s finances, including paying bills, managing bank accounts, or selling property. This can be used as soon as it’s registered, with the donor’s consent.
Ordinary Power of Attorney is used for a specific period or transaction and is only valid while the donor has mental capacity. It is typically used for managing financial affairs temporarily, such as during an illness or when the donor is abroad.
For a power of attorney to be valid, it must be registered with the Office of the Public Guardian. This is especially true for Lasting Powers of Attorney. Without this registration, the document has no legal standing, and the attorney cannot act on the donor’s behalf.
Enduring Power of Attorney specifically covers property and financial matters and continues to be effective if the donor loses mental capacity. Although replaced by Lasting Power of Allowance in 2007, Enduring Power of Attorneys made before this date are still valid.
Using the power of attorney
When you are appointed as an attorney under a Power of Attorney, you take on significant legal responsibilities toward the donor.
As long as the donor is capable of making decisions, you should allow them to do so, even if you believe there might be a better option. Your role is to support and assist the donor, not to override their autonomy unless necessary due to incapacity.
Even if a donor has lost the capacity to make decisions for themselves, you still must consider their wishes, feelings, and values.
How can I prove I have power of attorney?
Simply having a document that grants you power of attorney does not automatically mean you can make decisions for the donor. Institutions like banks, healthcare providers, and other organisations often require proof that you are indeed authorised to act on the donor's behalf.
Online sharing of the LPA
The UK government has developed an online service that allows attorneys to securely share access to the Lasting Power of Attorney with relevant institutions.
This platform is designed to make it easier for institutions to quickly verify your authority.
How it works
You will need your LPA reference number and an activation key, which the Office of the Public Guardian sends to you after the LPA is registered.
Once logged into the system, you can securely share access to the LPA with institutions like banks or healthcare providers, allowing them to confirm your authority without needing physical documents.
This method is fast and reduces the risk of losing or damaging important documents.
Physical transfer of LPA or EPA
If online sharing isn't possible, you can present a physical copy of the LPA or Enduring Power of Attorney to the institution requesting proof.
This method is commonly used in face-to-face situations, such as at a bank or during a medical appointment, where immediate proof is required.
Always have several certified copies of the LPA or EPA, as different institutions may require you to provide a copy for their records.
What you need
A photocopy of the registered LPA or EPA document.
It’s often recommended to have this copy certified by a solicitor or notary to avoid disputes about its authenticity.
If you’re unsure about how to prove your authority or encounter resistance from an institution, consult the Office of the Public Guardian for guidance.
What if a power of attorney is rejected by an institution?
If your power of attorney is challenged or questioned, it’s important to address the issue promptly to ensure the donor's needs are met without delay.
Start by calmly presenting your registered Lasting Power of Attorney documents. Make sure the documents are certified and up to date.
If the institution or individual is questioning your authority, provide additional documentation to verify your identity. This could include identification documents such as your passport or driving license, along with proof of address.
If an institution, such as a bank or healthcare provider, refuses to recognise your POA even after you’ve provided valid documentation, legal action may be required.
Consulting a solicitor experienced in wills, trust, probate matters is advisable. The solicitor can contact the institution on your behalf, and if necessary, take the issue to court to enforce your legal authority.
Conclusion
If you've read through this guide, you now have a deeper understanding of what a power of attorney involves, the different types of POA, and how they can be applied to various aspects of life, such as health, welfare, property, and financial affairs. You also know how to prove your authority as an attorney to institutions and what steps to take if your authority is challenged.
However, if you require further assistance with power of attorney or related matters such as wills, trusts, and probate, don't hesitate to contact Lawhive. Our network of experienced legal professionals is ready to guide you through every step of the process, ensuring that your legal needs are met with expertise and care.
Contact us today for a free case evaluation and no-obligation quote.