terms and Useful contacts 

Helpful terms for understanding power of attorney and court of protection.

Attorney/Deputy
A person who has been appointed to carry out decisions for another person.

Beneficial Owner
The person who cannot manage their own affairs.

Certified Copies
These are copy documents which have been checked and verified as being the same as the original. They can be checked by:

  • Bank/building society employees
  • Solicitors
  • Accountants
  • Commissioner for oaths
  • Independent financial advisers

Deed of Disclaimer
This is required when an individual no longer wishes to act as an Attorney.

Deed of Revocation
This is used in England and Wales when you want to end the rights you have given under a Power of Attorney.

Donor
The Donor is the person who lets someone else (the Attorney) make decisions for them.

HMRC (His Majesty’s Revenue & Customs)
The UK Government department for the administration and collection of taxes.

Order
The Court of Protection document.

Power of Attorney
A Power of Attorney is a legal document that allows the Attorney to make decisions or carry out transactions for another person. There are three main types in England and Wales.

Lasting Power of Attorney
There are two different Lasting Powers of Attorney:

  • One which relates to health and welfare
  • One for property and financial affairs.

Both need to be registered at the Office of the Public Guardian.

General Power of Attorney

They are often used to give rights for a specific event. For example, if you need someone to be able to make decisions for you when you go on holiday.

These do not need to be registered at the Office of Public Guardian.

Enduring Power of Attorney

Enduring Powers of Attorney are only valid if they were signed and written before 1 October 2007.

You can use them even if they haven’t been registered at the Office of the Public Guardian if you still have mental  capacity. If you start to lose mental capacity, it will need to be registered at the Office of the Public Guardian.

Government contacts

For more information and to get the forms you need to register, visit these websites.
 
Call the Office of the Public Guardian on 0300 456 0300.
Calls to 03 numbers are charged at the same rate as 01 or 02 numbers from all phones