How To Prove Power of Attorney

Summary

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. 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.

Key information

• 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.
• 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.
• 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.
• 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.
• 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.
• 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.

Practical guidance

• Source: How To Prove Power of Attorney

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