Power of Attorney

Ensure your future decisions are in trusted hands with our expert guide to Power of Attorney.

In some cases, you might need someone else to make decisions about your finances, property, or healthcare on your behalf. Power of Attorney (POA) grants someone else the legal authority to make these decisions.

This guide will explain the types of Power of Attorney, when you might need to secure a Power of Attorney, and how to apply for one. The information in this guide is provided by Carers UK and Gov.uk.

What is a
Power of Attorney?

A Power of Attorney is a legal document that gives someone else the power to make decisions on your behalf.

The person who makes the POA is called a donor, and the person appointed to act on their behalf is called an attorney.

To be able to make the POA, the donor must be capable of making decisions for themselves – this is called having mental capacity.

POAs can be secured for decision-making regarding property and finances, or health and welfare.

Your Power of Attorney needs to be 18 or over, someone you trust to make decisions in your best interest and someone who is happy to make decisions on your behalf. They could be:

  • A relative
  • A friend
  • A professional, for example a solicitor
  • Your husband, wife or partner

Who can be your
Power of Attorney?

What is Mental Capacity?

Mental capacity is the ability to make and communicate specific decisions when they need to be made.

To have mental capacity a person must be able to:

Understand the decision which needs to be made

Understand why the decision needs to be made

Be able to assess the likely outcomes of the decision

Questions to Access Capacity:

These are the questions that someone needs to ask assess your capacity. It is important not assume a person lacks capacity because of their: age, appearance, or any medical conditions disabilities they might have. 

  • Can you understand the information related to the decision?
  • Can you remember the information long enough to make a decision?
  • Can you weigh up or use the information to reach a decision?
  • Can you communicate the decision in any way?

Acting in Best Interests

The attorney must always make decisions that are in your or the donor’s best interests. This means that they must:

  • Do their best to enable you to express your preferences
  • Consider your past and present feelings
  • Consider your beliefs and values that may influence the decision being made
  • Talk to your friends, family members, and carers who may know about your feelings, beliefs, and values
  • Respect your right to privacy at all times

Types of Power of Attorney

There are two types of Power of Attorney: General or continuing Power of Attorney and Lasting Power of Attorney. Choosing which is the most appropriate will depend on ones mental capacity and whether decisions need to be made concerning medical or healthcare decisions.

General or Continuing Power of Attorney

This gives an attorney the authority to make decisions or take actions about your finances while you still have mental capacity. It is also called ordinary Power of Attorney.

DOES NOT cover medical or healthcare decisions.

This option is used by individuals who are able to conduct their own affairs but need someone else to act on their behalf for practical reasons. It can provide general authority to deal with all of the donor’s affairs or it can be restricted to a specific matter.

The General Power of Attorney does not cover medical or healthcare decisions.

You should consider a General Power of Attorney if:

  • You need someone to act on your behalf for a temporary period, such as if you are on holiday or in hospital
  • You are finding it harder to get to the bank or post office, or you want someone to access your account for you
  • You want someone to take care of your affairs while You want someone to take care of your affairs while you are able to supervise their actions
  • Talk to your friends, family members, and carers who may know about your feelings, beliefs, and values
  • Respect your right to privacy at all times

General Power of Attorney is only valid while you still have mental capacity. If you want someone to act on your behalf if there comes a time when you do not have mental capacity, consider setting up a Lasting Power of Attorney.

The General Power of Attorney can be in effect for a certain amount of time (as specified by the donor) or can run indefinitely until the donor decides to bring it to an end by issuing a Deed of Revocation.

If the donor loses mental capacity while this Power Of Attorney is in effect, then the authority granted by the document to make decisions is automatically revoked.

Lasting Power of Attorney

This gives an attorney the authority to make decisions on your behalf if you lose mental capacity or no longer wish to make decisions for yourself.

DOES cover medical or healthcare decisions.

There are two types of Lasting POA: Lasting Power of Attorney for Property and Financial Affairs and Lasting Power of Attorney for Health and Care Decisions.

Lasting Power of Attorney for Property and Financial Affairs

This Power of Attorney can cover things such as:

  • Buying and selling property
  • Paying the mortgage
  • Investing money
  • Paying bills
  • Arranging repairs to property

If this POA is set up, the attorney must keep records of the accounts and ensure that their money and your money are kept separate.

It should be noted that Lasting Power of Attorney for Property and Financial Affairs replaced Enduring Power of Attorney on the 1st of October 2007. If an Enduring Power of Attorney was made before this, it will still be valid. 

Lasting Power of Attorney for Health and Care Decisions

This Power of Attorney can cover things such as:

  • your daily routine, for example washing, dressing, eating
  • medical care
  • moving into a care home
  • life-sustaining treatment
  • Who you should have contact with
  • What kind of social activities you should take part in

When and why should you secure a Power of Attorney?

If someone becomes unable to express what they want, a Power of Attorney allows someone else to step in and take care of the decisions that need to be made.

It can take up to sixteen weeks to register a Lasting Power of Attorney. It is important to have a Power of Attorney in place as soon as possible – it is much harder and more expensive to secure it when someone has lost their capacity for decision-making.

Once a Power of Attorney is secured, the donor will have peace of mind that a trusted person is taking care of their affairs.

Start the conversation

Power of Attorney & Mental Capacity

This topic can be difficult and painful to discuss with your family. It could be helpful to start by explaining the advantages of a Power of Attorney.

Invite your family member to share any concerns that they may have about getting a Power of Attorney and explain that you can seek advice to address their concerns.

Most importantly, remind them that they have a choice when it comes to who will be involved in making decisions on their behalf.

Power of Attorney FAQs

The registration cost of a Lasting Power of Attorney is £82 per POA (in England and Wales). This means that if you want to register both a Lasting Power of Attorney for Property and Financial Affairs and one for Health and Care, you will need to pay £164.  You can pay with cheque, credit, or debit card.

If you are on low income or receive certain income-related benefits, you may be exempt from paying this fee. If your gross annual income (income before tax) is less than £12 000, you may be eligible for a 50% fee reduction.

  • You can apply for an exemption if you receive any of the following benefits:
  • Income Support
  • Income based Employment and Support Allowance
  • Income based Job Seekers Allowance
  • Guarantee Credit component of State Pension Credit
  • Housing benefit
  • Council Tax Reduction
  • Local Housing Allowance
  • A combination of Working Tax Credit and at least one of the following: Child Tax Credit, Disability element of Working Tax Credit, and Severe Disability element of Working Tax Credit.

The form for applying for an exemption or remission of application fees is form LPA120A. It must be sent with the POA forms and supplementary documentation. If you are on Universal Credit, you may qualify for remission. You will need to provide evidence of receiving Universal Credit.

If your application for an exemption or remission is unsuccessful, you can appeal it. This decision must be appealed within four weeks. To appeal, write to the Head of Corporate Services. If the original decision is upheld, it will be referred to the Public Guardian for confirmation.

You do not need a solicitor to create a Power of Attorney. The application forms from the Office of the Public Guardian guide you through the process and if you need help, you can call their helpline for assistance.

If another person is needed to step in and manage someone’s finances before a POA is in place, their only option would be to apply for a deputyship through a court. This is a lengthy, costly, and complex process. The Court of Protection appoints deputies for those who have lost mental capacity. The role of a deputy is similar to that of an attorney.

If you are concerned that your attorney is not acting in your best interests, you should contact the Office of the Public Guardian. You can call or email them, or fill in this form: https://www.gov.uk/report-concern-about-attorney-deputy-guardian (contact details available on the form).

The Office of the Public Guardian will investigate allegations of mistreatment or fraud and will report their concerns to the police or social services if necessary.

If there are concerns about abuse or neglect, then the local authority safeguarding team should be contacted.

If there are concerns about someone living in a care home, the Care Quality Commission should be contacted.

If the donor would like to remove an attorney from Lasting Power of Attorney, they can do this by completing a Partial Deed of Revocation (if they have mental capacity). For more information, see https://www.gov.uk/power-of-attorney/change-your-lasting-power-of-attorney.

It is not possible to add an attorney to an existing Lasting Power of Attorney. You will need to submit a new registration for a Lasting Power of Attorney to do so.

Mental capacity is needed to submit a new Power of Attorney.

Ready to Appoint a Lasting Power of Attorney?

How to apply for a Lasting Power of Attorney

Applying for a Lasting Power of Attorney can be done online or through paper forms through the Office of the Public Guardian.

customerservices@publicguardian.gov.uk
Telephone: 0300 456 0300

Choose your attorney. You are allowed more than one. You will have to choose if your attorneys make decisions for you together or separately

Fill in the forms to appoint your chosen attorney(s). These can be completed online or through paper forms requested from the Office of the Public Guardian.

Register your Lasting Power of Attorney with the Office of the Public Guardian. This can take up to 16 weeks.

For a detailed step-by-step guide including the relevant documents click here

Carers UK: supporting and connecting family and non-family carers across the UK.
https://www.carersuk.org

Age UK: Charity dedicated to supporting older people 0800 169 65 65.

Citizens Advice: providing free advice on a range of topics, including how to check which benefits you are eligible for and help with bills and living costs.
0800 144 8848
https://www.citizensadvice.org.uk

Hourglass: Free helpline for anyone concerned about elderly abuse.
0808 808 8141
https://wearehourglass.org

Solicitors for the Elderly: Independent national organisation of solicitors who specialise in a range of legal issues affecting older people.
0844 567 6173
https://www.sfe.legal/public

Need a bit more help?

Useful Information & Contact Details

Here are some useful websites and contact numbers for organisations that support older people and carers.

If you need to clarify something or have further questions, contact our Christies Care Team. We are more than happy to assist you.

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