How to set up a Lasting Power of Attorney

Setting up a power of attorney is an important step to ensure your wishes are followed and that someone you trust can help you if you need it. Whether you do it on your own or with a solicitor, having a power of attorney gives you peace of mind knowing that your affairs will be taken care of.

Doing it yourself 

Choose an attorney

Pick someone you trust, like a family member or a close friend, they must be over 18 years old. Make sure they are willing to take on this responsibility. You can choose more than one person if you like.

Get the forms

There are different types of power of attorney. The most common type for people with dementia is lasting power of attorney. 

There are two separate forms, one is for Health and Welfare and the other is for Property and Financial Affairs. You can choose to complete one, or both. It is generally recommended that you set up both at the same time. 

You can get the forms from the GOV.UK website: www.gov.uk/power-of-attorney

Fill out the forms

Complete the forms with your details and the details of your chosen attorney(s).

Sign the forms

You, your attorney, and a witness must sign the forms. This makes it official. Your witness cannot be your attorney or a family member.

Register your lasting power of attorney

Send the completed forms to the Office of the Public Guardian to register them, there is a fee to register, details of how to do this are on the GOV.UK website: www.gov.uk/power-of-attorney/register

Wait for confirmation

It can take up to 20 weeks to register a lasting power of attorney. Once it’s registered, you will receive a confirmation.

Keep it safe

Keep your documents in a safe place. Let your attorney know where it is so they can access it when needed.

Getting help from a solicitor

If you’re unsure about doing it yourself, you can get help from a solicitor. Here’s how:

Find a solicitor

Look for a solicitor who specialises in power of attorney. You can get recommendations from The Law Society on how to find a solicitor in your area: https://solicitors.lawsociety.org.uk/

 Make an appointment

Contact the solicitor to make an appointment. They will guide you through the process and help you fill out the forms correctly.

Discuss your wishes

Tell the solicitor your wishes and who you want to appoint as your attorney. They will make sure everything is set up according to your instructions.

Sign and register

The solicitor will help you sign and register the forms with the Office of the Public Guardian.

Keep it safe

Once registered, keep the documents in a safe place and let your attorney know where to find them.

Sources: NHS, Age UK, GOV.UK