At A.D.E Wills, we believe in making legal matters accessible to everyone. Our friendly team of experts is here to guide you through protecting your property and family, starting with understanding the ins and outs of an Ordinary Power of Attorney (OPA).
What is an Ordinary Power of Attorney?
An OPA is a legal document that allows you (the donor) to appoint someone (the attorney) to make decisions about your financial affairs. It’s designed for use when you still have mental capacity but may need assistance for practical reasons.
When Might You Need an OPA?
An OPA is particularly useful in situations such as:
– During a temporary hospital stay
– While you’re on an extended holiday
– If you have physical limitations that make it difficult to manage your affairs
– When you want someone to act on your behalf for a specific period or task
What Can an OPA Cover?
With an OPA, your appointed attorney can manage various financial matters, including:
– Paying bills and managing bank accounts
– Collecting benefits or pensions
– Selling or renting out a property
– Making investment decisions
Remember, an OPA is only valid while you have mental capacity. If you’re looking for something that continues even if you lose mental capacity, you might need a Lasting Power of Attorney instead.
OPA vs. Lasting Power of Attorney: Which Do You Need?
While an OPA is great for temporary situations, a Lasting Power of Attorney (LPA) is designed for long-term planning. It remains valid even if you lose mental capacity. If you’re unsure which is right for you, our team is happy to discuss your specific circumstances and advise accordingly.
You can learn more about our LPA services here.
Creating Your Ordinary Power of Attorney
Making an OPA doesn’t have to be complicated. Here at A.D.E Wills, we’ve helped several clients navigate this process with ease. Our professional estate planners can guide you through each step, ensuring your document is tailored to your needs and legally sound.
Why Choose A.D.E Wills?
We pride ourselves on our approachable, jargon-free approach to legal matters. As one client recently shared, the team “went through everything with me, answered my questions, of which there were many, and made many useful suggestions in the wording, clearly expressing various muddled phrasing in my head . The meeting left me very relaxed about what could have been very stressful for me!”
Ready to Get Started?
Whether you’re certain an OPA is right for you or you’re still exploring your options, we’re here to help. Contact our friendly team today for a free initial consultation about your Power of Attorney needs.
Call us on 01865 507174 or email us at info@adewills.co.uk. Let’s work together to secure your peace of mind.
Frequently Asked Questions
1. How long does an OPA last?
Answer: An Ordinary Power of Attorney (OPA) lasts for as long as you specify in the document. This could be for a fixed period (e.g., while you’re abroad for six months) or until you decide to end it. However, it’s important to note that an OPA automatically becomes invalid if you lose mental capacity. If you want a power of attorney that continues beyond loss of mental capacity, you would need to consider a Lasting Power of Attorney instead.
2. Can I have more than one attorney?
Answer: Yes, you can appoint multiple attorneys in your OPA. This can be beneficial as it provides a safeguard if one attorney is unavailable. When appointing multiple attorneys, you need to specify whether they can act:
- Jointly (they must always act together)
- Jointly and severally (they can act together or independently)
- Jointly for some decisions, and jointly and severally for others
We can help you decide the best arrangement for your circumstances.
3. What happens if I lose mental capacity while an OPA is in place?
Answer: If you lose mental capacity, your Ordinary Power of Attorney immediately becomes invalid. This is one of the key limitations of an OPA. At this point, your attorney would no longer have the legal authority to act on your behalf. If you’re concerned about this possibility, it might be worth considering a Lasting Power of Attorney, which remains valid even if you lose mental capacity. We can discuss both options with you to determine the best fit for your needs.
4. Can I limit the powers I give to my attorney?
Answer: Absolutely. When creating an OPA, you can be very specific about what powers you’re granting. For instance, you might give your attorney the power to manage your bank accounts and pay bills, but not to sell your property. We can help you draft an OPA that precisely matches your wishes and circumstances.
5. How do I cancel or revoke an OPA?
