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 ensures your wishes are respected – without disagreements. It 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. To make one 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 different types of power of attorney?
There are three different types of power of attorney. They are:
A Lasting Power of Attorney (or LPA, for short) for legal and financial wishes
A Lasting Power of Attorney 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 excess form filling. Your local Citizens Advice office can help you with information on this and you can find a branch here
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 people prefer to seek legal advice first, but you can 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 an attorney (solicitor)
You first need to decide who will be your 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
You’ll find a longer read with more detail on choosing an attorney on the Alzheimer’s Society website here
STEP 2 Fill out the LPA form
After you’ve decided who will be your attorney and help you when you’re no longer able to make decisions for yourself, you need to fill out an official form, generated by the government.
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 be sent to you by calling 0300 456 0300.
STEP 3 Sign the form with a witness
You need to ask someone – not your attorney – to witness you sign your Lasting Power of Attorney form. Remember, it has to be someone independent.
The attorney also needs to sign the form, with a witness.
STEP 4 Register your LPA
You need to officially register your signed and witnessed form with the Office of the Public Guardian and there is a fee.
It can take around 10 weeks for your LPA to be registered. If you have two kinds of LPA (e.g. one for financial and one for welfare) you will 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 and you can find out more by clicking here
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.
Do I really need an LPA?
Putting a Lasting Power of Attorney in place means you can say now what you would like to happen in future when you’re unable to make your wishes known to others. It means loved ones are not left with the burden of wondering what it is you might like them to do on your behalf and avoids stress, arguments and confusion.
The Alzheimer’s Society has an LPA advice service and can help people who are unable to complete the forms online. Call 0333 150 3456 to speak to an adviser.
What happens if I don’t get an LPA?
If you don’t organise a power of attorney then you could potentially create issues when you no longer have mental capacity to make decisions for yourself.
Loved ones will have to apply to the Court of Protection to become your deputy, which can be a long and drawn-out process, leaving the courts to decide who is best place to make decisions on your behalf.
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 – click here to find the correct page.
You can also get information from your local Citizen’s Advice office – find your nearest branch here and there’s a list of other organisations that can help here