What is a power of attorney?
A power of attorney is a legal tool that enables you to say exactly what you’d like your financial future to look like – and makes sure your wishes are respected by others without disagreements.
Having a power of attorney in place means that tasks that are simple now, like paying the bills, don’t become complicated, because you’ll have allocated that job to someone you trust.
You need to nominate someone to act on your behalf (the ‘attorney’) and you can make one either by filling in forms or, if your affairs are more complicated, you can ask for legal help.
What are the types of power of attorney?
There are three different types of power of attorney:
A Lasting Power of Attorney (or LPA, for short) for legal and financial wishes
A Lasting Power of Attorney (LPA) for health and welfare (for example, your care)
An Ordinary Power of Attorney (OPA) which covers finances alone and can only be put in place while you still have mental capacity
It’s often used as a temporary measure, for example, if you lose mobility and can’t get to the bank – but it’s best to set up an LPA right from the off as it saves time and extra form filling.
How to make a power of attorney
For most people, you can make a power of attorney by filling in the government forms – although some people prefer to seek legal advice first. You can do this online here or you can print it (or ask someone to do this for you) and fill it out or ask a trusted friend or family member to help you. You can also request a paper copy by calling 0300 456 0300.
You need to officially register your signed and witnessed form with the Office of the Public Guardian and there is a fee. If you have two kinds of LPA (e.g. one for financial and one for welfare) you have to pay twice.
You might be exempt from payment if you’re on benefits. Find out more here
Find out more
If you’d like to find out more about organising a power of attorney, Age UK is a good place to start.
You can also get information from your local Citizen’s Advice office – find your nearest branch here and you’ll find a list of other organisations that can help here