Power of attorney
A power of attorney lets someone you trust make decisions for you if a time comes when you can't make them yourself. It's one of the kindest things a family can sort out early, while everyone is well.
Why it matters to do it early
A person can only make a power of attorney while they have mental capacity, meaning they can understand and make the decision themselves. If that time passes, for example as dementia progresses, the family may have to apply to the Court of Protection to become a 'deputy' instead. That means a court application, and yearly reports once appointed.
In England and Wales: lasting power of attorney
There are two types, and you can make one or both:
- Health and welfare: decisions about things like daily routine, medical care, moving into a care home and life-sustaining treatment. It can only be used once the person can't make their own decisions.
- Property and financial affairs: things like managing bank accounts, paying bills, collecting benefits or a pension, and selling the home. It can be used as soon as it's registered, with the person's permission.
You can make one online on GOV.UK or on paper forms. A family member, friend or solicitor can help fill them in. The forms must be signed by the person, the attorneys, witnesses, and a 'certificate provider', who confirms the person understands what they're doing and is making it by choice.
It must be registered with the Office of the Public Guardian before it can be used. Registering costs £92 for each one, so £184 for both, and takes 8 to 10 weeks if there are no mistakes. You can ask about a reduction or exemption from the fee.
The Office of the Public Guardian can help if you have questions: 0300 456 0300.
A lasting power of attorney is only legally binding in England and Wales.
In Scotland
Scotland has its own system. A continuing power of attorney covers money and property. A welfare power of attorney covers welfare decisions, and can only be used once the person can no longer make them.
The document must be certified by a solicitor or a doctor, who interviews the person first, and then registered with the Office of the Public Guardian (Scotland), which charges a fee. Without a power of attorney, someone may have to go to court for a guardianship or intervention order.