Power of attorney is one of the most significant responsibilities you can take on.

By making sure your loved one’s voice is heard when they no longer can express their true preferences, you can dramatically improve their overall quality of life. 

It signifies not only the authority to make decisions on someone’s behalf but also the duty to honour the individual’s wishes, and values. 

What is power of attorney? 

A lasting power of attorney (LPA) gives a trusted party the legal authority to make decisions on a loved one’s behalf if they lack the mental capacity at some time in the future or no longer wish to make decisions for themselves.

Power of attorney is generally given to a family member or close friend.

The nominated person will then make decisions regarding health and care or personal finance-related matters on behalf of their loved one. 

Power of attorney is a complex status that should be comprehensively considered well in advance. If you’d like further information on the power of attorney status, you can refer to these resources from the government and Age UK. 

The different types of power of attorneys:

  • Lasting Power of Attorney (LPA): Enduring authority that remains valid even if mental capacity is lost. 
  • Ordinary Power of Attorney: Suitable for specific, time-bound transactions and becomes invalid if capacity is lost. 
  • Enduring Power of Attorney (EPA): Covers property and financial matters and remains effective if capacity is lost. New EPAs can no longer be created in the UK. EPAs created before October 2007, either registered or unregistered, can still be used. 

According to The Good Care Group, taking on the responsibility of power of attorney is a significant decision, and it’s important to understand the implications and obligations that come with it.

Seeking legal advice and guidance is advisable to ensure that the power of attorney you choose aligns with your family’s specific needs and circumstances. 

This guide will primarily cover the lasting power of attorney, the most comprehensive way to ensure your loved one’s wishes are met when they can no longer advocate for themselves.

The LPA grants enduring authority, remaining valid even if your loved one’s mental capacity changes. 

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How to set up a power of attorney:

To act on your loved one’s behalf, you will need to set up a power of attorney and register it with the Office of the Public Guardian (OPG). You can submit the documentation yourself or have a solicitor do it. 

You must choose between Lasting Power of Attorney (LPA) or Ordinary Power of Attorney based on your needs. If you need advice about your options, speak to a solicitor or contact Citizen's Advice for free, confidential guidance. 

Establishing an LPA is different if your loved one no longer has mental capacity. Instead, you must apply to the court of protection to be appointed as their deputies. This can be an expensive process, so it is often recommended to try and get an LPA before the donor loses capacity. 

Remember that a power of attorney legally obliges you to maintain a duty of care to the donor, meaning you must always act in their best interests.

You will need to keep the donor’s money and property separate from your own and maintain accurate financial records to avoid a conflict of interest. It is a significant responsibility that should be considered carefully.