What is a Power of Attorney?
Power of Attorney is a legal document that says, ‘when I’m unable to look after myself or my money, I appoint this person as my attorney to make decisions on my behalf.’
Your attorney acts as a representative of your wishes, helping you make important decisions when you no longer can. They’re there to support you in living your life, not take control of it.
You’ll often need one if you’re going away for a short time or if you’re diagnosed with an illness that affects your mental capacity, such as dementia.
Read: What is Power of Attorney
Who can get Power of Attorney?
You’ll need to meet two legal standards to make a valid Power of Attorney.
You must be:
- 18 years old or over
- Mentally capable of making and understanding your decisions
Those are the only requirements. You do not need to be a UK citizen or live in the country.
Why should I get a Power of Attorney?
Think of Power of Attorney as an insurance policy. We hope we’ll never need it, but we never know what’s around the corner.
It gives you more control over your own affairs if you have an accident or illness in the future.
You can’t appoint a trusted attorney after you’ve had an accident. At that point, if someone needs to care for you or manage your finances, they would need to apply for a Court of Protection deputyship, which can cost far more than a Lasting Power of Attorney.
Read: When to get Power of Attorney
What’s the difference between a Power of Attorney and Court of Protection deputyship?
A Power of Attorney is a document that states who you want to look after you, and how they can help support your life.
A Court of Protection deputyship is granted by the court, which decides who should help care for you if you lose mental capacity.
Deputyship comes with certain risks.
- It’s more expensive than a Lasting Power of Attorney. Expect to pay well over £2,500, plus annual fees to renew the deputyship.
- There’s no guarantee that the person who applies for it will be appointed by the court.
- And for all that money, Court of Protection deputyship does not give your carer the same authority as an attorney. They are restricted by the courts.
With Power of Attorney in place, the transition is seamless. Life can continue without unnecessary costs, bureaucracy, and stress.
Read: What is Court of Protection deputyship
Should I be worried about losing control?
There’s a common misconception that appointing an attorney means you’re suddenly powerless.
Power of Attorney keeps you in control. Every decision should be made in your best interests and give you as much freedom as possible, even if your attorney does not agree with the choice.
When making decisions for you, attorneys must always consider:
- What you would decide if you could
- Your values, morals, political views, and religious beliefs
- Whether the decision is in your best interests
So, they can buy furnishings and decorations for your home, as long as it maintains or improves your living standards. They can also gift money, but only to friends, relatives, and charities you would not object to, or have donated to before.
You should be explicit in your Power of Attorney.
You can refuse particular medical treatments, or permit access only to specific bank accounts. A solicitor can help you map out what you want your attorney to be able to do, and what they cannot do.
You can start or stop a Power of Attorney at any time, as long as you are able to make decisions for yourself. If not, it will take effect once you lose mental capacity.
Remember: all Powers of Attorney must be registered with the Office of the Public Guardian. If someone does this on your behalf, you’ll be told and can object.
Read: Why people worry about Power of Attorney
You might like: How to maintain your control with Power of Attorney
What types of Power of Attorney are there?
There are three types of Power of Attorney.
Ordinary Power of Attorney grants temporary permission for an attorney to manage your care or finances. It’s often used when you’re out of the UK or going into hospital for a short time.
Lasting Power of Attorney (LPA) gives an attorney long-term permission to help you make decisions about care and finances. If you want an LPA, you’ll need to choose between two kinds:
- Health & Welfare LPA
- Property & Financial LPA
Choose the one that suits your needs now and in the future.
You do not need to get both LPAs, and you do not need to get them at the same time. It is entirely your choice.
Remember: without Lasting Power of Attorney in place, your bank can block a joint account if one account holder loses capacity.
Read: The different types of power of attorney
What’s the difference between Health and Financial Lasting Power of Attorneys?
A Health & Welfare LPA helps you:
- Take care of daily routines like washing, dressing, and feeding
- Decide where you want to live
- Receive appropriate medical care
- Buy living essentials like food and clothes
- Accept or refuse certain medical treatments
A Property & Financial LPA helps you:
- Manage your day-to-day spending
- Pay bills and taxes, and manage savings and investments
- Look after your bank and building society accounts
- Maintain your home and business assets
- Buy or sell property
- Gift money to friends, family, and charities
- Make a statutory will if you need one but cannot make one yourself
Remember: Health & Welfare LPA starts once you lose mental capacity. Property & Financial LPA starts when you choose, or once you lose mental capacity.
Read: The difference between financial and health Power of Attorneys
Who can act as my attorney?
The rules around who your attorney can be are the same as those for who can make a Power of Attorney.
Your attorney must be:
- 18 years old or older
- Mentally capable of making decisions
If your attorney later loses mental capacity, they will no longer be able to act for you.
When choosing your attorney, pick someone you completely trust to manage your affairs properly. Many people choose their spouse or partner, a close relative or friend, or even a professional such as a solicitor.
What is my attorney allowed to do?
Don’t worry, attorneys do not have the power to simply drain your bank account or borrow all your money. They can only act within their legal remit and the instructions set out in your Lasting Power of Attorney.
An attorney’s actions can be challenged if others believe decisions are not being made in your best interests. It is also possible to dispute the appointment if it is believed the LPA is fraudulent or that the person is not suitable to act.
A solicitor should always be consulted if you intend to challenge, or are being challenged over, a Lasting Power of Attorney.
Read: What your Power of Attorney can and can’t do
How many attorneys can I have?
You can have as many attorneys as you like. There is no legal limit.
You could appoint one person to act as both Health & Welfare and Property & Financial LPA, or have separate attorneys for each. You could even appoint several family members if you wish.
Your attorneys will also need to talk to each other if there is a conflict of interests. For example, if you and your Health & Welfare LPA decide you need to move into new accommodation, your attorney would need to speak to your Property & Financial LPA about buying a new home.
The important thing, when picking more than one attorney for a single LPA, is to define how they make decisions. Your Power of Attorney needs to specify:
- Separately or together lets an attorney make a decision individually or with others.
- Jointly means all attorneys must agree on a decision.
- A combination of both is also possible. You can let people make some decisions on their own and some only with all attorneys together.
Remember: the more attorneys you have, the more complicated decision-making can become. A solicitor can help you choose.
Can I change my attorney?
Because it is about putting you in control, you are free to update your Lasting Power of Attorney at any time, as long as you are still of sound mind.
Whenever you need to change the details of your registered Lasting Power of Attorney, you can speak to a solicitor, who can help you make the necessary changes.
You can also do it yourself by notifying the Office of the Public Guardian (OPG). This involves sending a specifically worded document called a partial deed of revocation to remove an attorney if you have more than one. You will need to make a new LPA if you want to add an attorney.
You should also let the OPG know if your attorney passes away or if their name or address changes. Make sure you have proof, as they may ask to see it.
Remember: you can always nominate a back-up attorney in your Lasting Power of Attorney who will take over if your current one can no longer act on your behalf, whether they refuse, become ill, or pass away.
What is the process to get a Power of Attorney and how long does it take?
Getting Power of Attorney is straightforward, but it can take up to 15 weeks to register.
Once you know what type of Power of Attorney you want, you will need to get the correct forms from your solicitor.
Together, you’ll go through the document, making sure your instructions are clear, accurate, and reflect your wishes.
The forms are then signed by you, your attorney, two witnesses, and the certificate provider, usually your solicitor, who confirms your LPA is being signed willingly.
Your solicitor will then send a form to everyone you name in your LPA to let them know. They’ll have three weeks to raise any concerns, such as being named as an attorney but wanting to decline.
Your LPA is then registered with the Office of the Public Guardian.
Remember: everyone has to sign the original Lasting Power of Attorney document. Copies or digital versions are not allowed.
How much does a Power of Attorney cost?
Lasting Power of Attorney costs vary, but depending on how complex it is, you could pay between £100 and £1000.
Solicitor firms will charge different amounts. Use The Law Superstore to find and compare the cost of solicitors near you.
It costs £82 to register one Lasting Power of Attorney.
Correcting a mistake on a Lasting Power of Attorney costs £41.
You may be able to get a 50% discount if you earn under £12,000 or receive certain benefits.
Read: How much does Power of Attorney cost?
How do I talk to a loved one about a Power of Attorney?
Gently and openly is the best way to approach that difficult conversation about Power of Attorney. It’s not a subject we all like to discuss, but it is an important one.
Try to involve everyone affected, especially spouses and siblings, and explain the benefits of taking action now so that if the worst happens, you are all prepared.
With some relatives, it can be tempting to skirt around the issue. But it is important to explain that an LPA helps them keep their independence. It does not take it away.
Take time to understand the benefits by visiting our Power of Attorney advice hub. You’ll want to explain these clearly so you can help your loved one make the right decision.
Read: How to start the conversation about Power of Attorney
Is Power of Attorney included in my will?
No.
A common misconception is that Power of Attorney is part of your will. It is not.
The law sees these as two separate documents. One carries out your wishes after you’re no longer with us, while the other carries out your wishes while you are still alive.
So, even if you’ve named your partner as sole beneficiary of your estate, that does not give them the legal right to manage your affairs when you no longer can.
Marriage, civil partnership, and cohabiting do not automatically grant your partner Power of Attorney rights. However, you can both get Power of Attorney for a couple.
It’s a good idea to make your will and Power of Attorney at the same time, as it can save you some money. Speak to your solicitor to find the best options.
Read: Your guide to getting Power of Attorney for a couple
Do I need a solicitor for Power of Attorney?
You can make your own, but as a legal document, your Lasting Power of Attorney needs to be airtight and unambiguous. You do not want your wishes overturned because it was incorrectly worded or failed to meet legal standards.
For this reason, it’s best to ask a solicitor for help. They can guide you through the process and give you peace of mind.
Remember: to make it even easier, use our quick quote form to find and compare Power of Attorney solicitors near you.
Find and compare Power of Attorney solicitors with The Law Superstore.
