Power of attorney

What a power of attorney is for and how it relates to your care planning.

What a power of attorney is for

A power of attorney is a legal document that enables you to appoint someone you trust to make decisions on your behalf if, at any point in the future, you are unable to do so yourself.

The person you appoint is known as your attorney. This can be a family member, friend or another trusted individual who will act in your best interests.

Putting this arrangement in place can provide reassurance that your wishes will be respected and that your affairs will be managed by someone you trust.

Types of power of attorney

There are two types of lasting power of attorney (LPA). You can choose to put one or both in place.

Property and financial affairs LPA

A property and financial affairs LPA allows your attorney to manage your financial matters, including:

• Paying bills
• Managing bank accounts
• Collecting pensions or benefits
• Dealing with any property you own

This type of LPA can be used while you still have mental capacity (if you wish), as well as if you lose capacity in the future.

Health and welfare LPA

A health and welfare LPA covers decisions about your health, care, and overall wellbeing, including:

• Medical treatment
• Daily care needs
• Where you live

This type of LPA can only be used if you are unable to make these decisions yourself.

Costs

There is a registration fee for each LPA.

If you receive means-tested benefits, you may be eligible for a fee reduction or exemption.

Planning ahead

Many people assume that family members can automatically make decisions on their behalf if needed - this is not the case.

Without a power of attorney in place, your loved ones may need to apply to the Court of Protection to gain legal authority to act for you.

This process can be time-consuming, costly and may delay important decisions.

Planning ahead helps to ensure that the right person can support you without unnecessary delay or stress.

Choosing the right person

It is important to choose someone who understands your wishes and will always act in your best interests.

You can appoint more than one attorney and decide whether they act jointly (together) or independently.

Before making your decision, you should discuss this with the person or people you are considering. This is to ensure they are willing and able to take on the responsibility.

Further guidance

GOV.UK provides national guidance on power of attorney.

This includes:

• How to make or register a power of attorney
• Registration fees and eligibility for exemptions
• General advice and guidance

It is important to put a power of attorney in place while you still have the mental capacity to make your own decisions.

When to contact us

Contact Adult Social Care if you would like to discuss how a power of attorney may relate to your care planning or financial assessment.