MR Wills - Yorkshire & Humberside Will Writing Service

Daytime & Evening Home Appointments - Throughout York & Surrounding Areas

Choosing your attorneys

Although the people involved in making a lasting power of attorney are usually people that you know, the terminology can be confusing.

On this page I explain who is involved and explain what their role is.

The Donor

The donor is the person making the lasting power of attorney – the person who wants someone (or more than one person) to be able to make decisions for them. You must be over 18 and you must have mental capacity.

The Attorney/s

You need to choose your attorney/s. You can choose one person, or more than one. These are the people who will make decisions for you, if you lack the mental capacity to make them yourself. They must be over 18, not be bankrupt (for a property and financial affairs lasting power of attorney) and must have mental capacity. Often this might be your spouse/partner and potentially your children. Ultimately, it should always be someone that you trust. When we meet we will discuss who you might choose and whether they are appointed as attorneys or reserve attorneys.

Certificate Provider

This certificate provider is an independent person that confirms that a) the donor understands what giving a lasting power of attorney means and b) that it isn’t being made fraudulently or under pressure. They must be over 18 and have known you for at least two years and (among other restrictions) cannot be a member of your family, an attorney (or a member of their family), a business partner or employee.

Alternatively they can be someone with relevant professional skills to assess your capacity. If you instruct me to assist in making and registering a lasting power of attorney I will act as your certificate provider. If there are any doubts over capacity I will assist in finding a relevant medical professional to act as a certificate provider, if appropriate.

The Office of the Public Guardian

Unlike the other people involved - you have no choice in this one. This is the body who the lasting power of attorney is registered with once it has been completed. The Office of the Public Guardian (OPG) protects people in England and Wales who may not have the mental capacity to make certain decisions for themselves. The OPG is an Executive Agency and is part of the Ministry of Justice.