What’s a power of attorney?
A power of attorney, is a legal tool that enables you to say exactly what you’d like your future to look like – and makes sure your wishes are respected 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.
Similarly, you can take time now to think about the type of care you might want (or not want) in future and let your wishes be known.
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 https://www.gov.uk/make-decisions-for-someone/assessing-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.
Your local Citizens Advice office can help. Find a branch here https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/.
How do I make a power of attorney?
For most people, you can fill in the relevant forms to make a power of attorney – some prefer to seek legal advice first. Ask your local Citizen’s Advice whether they think this is necessary, if you’re unsure.
If you want to start the process of making an LPA yourself, there are five main steps:
Step 1: Choose a solicitor
You first need to decide who will be your solicitor (attorney) – the person you trust to make decisions on your behalf and ensures that your wishes are carried out.
Your attorney needs to be:
Over the age of 18
Someone you know well and trust – and who knows you
A person you consider to be reliable – and sensible with their own finances and affairs
Someone who is willing to take on the role
Step 2: Fill out the LPA form
After you’ve decided who will be your attorney, you need to fill out a government form.
You can do this online here https://www.gov.uk/power-of-attorney/make-lasting-power 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 be sent to you by calling 0300 456 0300.
Step 3: Sign the form, with a witness
You need to ask someone to witness you sign your Lasting Power of Attorney form. It has to be someone independent and not the person you have chosen to be your attorney.
The attorney also needs to sign the form, with a witness. You can read more about this here https://www.alzheimers.org.uk/get-support/legal-financial/make-a-lasting-power-of-attorney#content-start
Step 4: Register your LPA
You need to officially register your signed and witnessed form with the Office of the Public Guardian https://www.gov.uk/government/organisations/office-of-the-public-guardian and there is a fee and 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. The Office of the Public Guardian can advise on this. Find out more here https://www.gov.uk/government/organisations/office-of-the-public-guardian
Step 5: Inform your loved ones
When you fill in your Lasting Power of Attorney form you’ll be given the option to let people know you’ve done this. You don’t have to, but it can put your mind at rest if you know a friend or loved one is aware of who your attorney is and that you’ve created an LPA.
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 https://www.citizensadvice.org.uk/ and there’s a list of other organisations that can help here https://www.alzheimers.org.uk/get-support/legal-financial/lasting-power-attorney-useful-organisations