Lasting Power of Attorney is a legal arrangement which allows you to give another person the authority to manage your affairs and make decisions for you in certain circumstances. This person is called your ‘Attorney’.
When you set up a Power of Attorney, you must have the mental capacity to make your own decisions. This means that you need to be able to make your own decisions and understand the impact of any decision you make. If you, or someone you care for does not have this capacity, you may wish to consider applying to the Court of Protection instead.
There are two types of Lasting Power of Attorney, and you can choose to have either or both.
The Property and Affairs Power of Attorney allows you to nominate another person to manage your finances and property affairs for you. This can include things like buying and selling a house, managing your bank account or arranging your tax affairs.
Depending on your situation, you can arrange for your attorney to manage all of your property and finances for you, or you can give them the power to deal with just one aspect, such as running your bank account.
Your nominated Attorney can start acting on your behalf as soon as you have registered it, or you can choose for it to only come into force if you were to lose the mental capacity to make your own decisions.
The Health and Welfare Power of Attorney allows you to nominate someone to make decisions for you about any health or care related needs. This can include things like medical treatments and procedures as well as decisions around going into a care home.
Depending on your situation, you can arrange for your attorney to make decisions on all aspects of your health and welfare for you, or the ‘power’ can be restricted to one specific area.
This type of Power of Attorney can only come into force if you lose the mental capacity to make your own decisions.
Decide who will be your Attorney
Firstly, it’s important to decide who you would like to nominate to make decisions for you. This must be someone you trust to make decisions that are in your best interests.
Being an Attorney is a sometimes difficult and time-consuming job, so it’s important that you chose someone who is able and willing to carry out this role for you. Some solicitors will act as an Attorney for you, for a fee.
You can choose one or more people to be your attorney. If you appoint more than one, you must decide whether they’ll make decisions separately or together.
Completing the forms
To set up Power of Attorney you will need to complete specific forms, which are available online or in a paper form.
These forms need to be signed and agreed by the person setting up the Power of Attorney (who is called the ‘donor’) as well as the Attorney themselves.
An independent person, called the ‘Certificate Provider’ also needs to confirm that you are making the Power of Attorney freely and that you understand what you’re doing.
All forms need to be independently witnessed.
You can complete the forms yourself, but some people choose get advice from a solicitor. To find a solicitor in your area visit The Law Society.
You can find out more information about the Lasting Power of Attorney process by visiting GOV.UK.
Registering your Power of Attorney
A Lasting Power of Attorney can’t be used until it has been registered with the Office of the Public Guardian. This process can take a number of weeks to complete, although you can request that applications are prioritised in certain circumstances.
There is a fee to register a Lasting Power of Attorney, but you may not have to pay it if you get certain benefits or are on a low income.
For more information on Power of Attorney fees and exemptions visit the GOV.UK Power of Attorney.
Cancelling your Power of Attorney
You can cancel your Power of Attorney at any time while you still have the mental capacity to make decisions for yourself. If you lose this capacity, you can only cancel with the agreement of a court. The arrangement also stops if you die.
Ordinary Power of Attorney
If you only want to give someone else the power to manage your affairs for a short amount of time, such as while you are in hospital or on a long trip, you might want to consider using an Ordinary Power of Attorney.
An Ordinary Power of Attorney can only be used for financial decisions and doesn’t have to be registered with any official authority, but you do need to use specific wording to make it legally binding. This type of Power of Attorney stops when you cancel it or if you lose the capacity to make your own decisions
Appointeeship
If you are claiming state benefits or a state pension, you can request to nominate someone to receive and claim benefits on your behalf if you are unable to do this yourself. This could be a carer, friend, relative or professional. This person would be referred to as an ‘Appointee’.
Appointeeship Information
Third Party Mandate
If you want to allow someone else short-term access to your bank account, you can do this by using a third-party mandate. This arrangement is only available whilst you have the capacity to make your own decisions.
Not all banks allow third party mandates, so it’s important to check with your bank first. The account stays in your name, but your nominated person will be able take money out for you.
If you want to make decisions about your future care ahead of time, you can do this using an Advance Decision (sometimes called a ‘living will’) or an Advance Statement. This includes the types of medical treatment you may want, if you are ever in a situation where you can’t make decisions for yourself in the future.
Advance Decision
An Advance Decision allows you to say which treatments you would and wouldn’t want to receive and the circumstances in which you would refuse them.
This can be a very difficult decision to make, and it is always important to talk through your thoughts and feelings with a healthcare professional before making a living will.
If there isn’t an Advance Decision in place, a health professional may suggest completing a Recommended Summary Plan for Emergency Care and Treatment plan (ReSPECT). The ReSPECT process creates a personalised recommendation for your clinical care in emergency situations where you are not able to make decisions or express your wishes.
Advance Statement
An Advance Statement allows you to say what your wishes, preferences and values are when it comes to your future care.
This may include things like your religious beliefs and diet as well as practical considerations such as how you prefer to wash.
Information Session on Planning for the Future
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