Power of Attorney &
Lasting Power of Attorney

​​Planning ahead…
We advocate that we provide peace of mind for families by arranging live-in care. A primary benefit of organising a power of attorney is exactly that too, the provision of peace of mind.

 

None of us like to think about it, but there may come a time where we are so poorly that we are unable to communicate our wishes. Taking the time to arrange a Power of Attorney (PoA) now is one of the most thoughtful and practical steps you can take. It ensures that, should you become unable to make decisions yourself, someone you trust can do this and manage your affairs on your behalf, taking away an element of their worries.

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Why Arrange a Power of Attorney?
Arranging a Power of Attorney allows you to make a plan, safe in the knowledge that someone you love and respect will take care of you should you need them to. It means:

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• Your financial and health decisions can be taken care of

• You are as prepared as you can be for unexpected situations such as illness or incapacity

• You and your loved ones avoid confusion, delay and any further upset than necessary when support is needed most

 

Organising a power of Attorney is about ensuring your voice is heard, even if you’re no longer able to speak for yourself. There are several reasons why you may need someone to make your decisions for you. It may be temporary due to illness or an accident or it could be part of your longer-term plan should you be diagnosed with a condition such as Dementia.

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What is a Power of Attorney?
A Power of Attorney (PoA) is a legal document that allows you (known in the document as the donor) to appoint one or more people (the attorney/s) to make decisions or act on your behalf should the need arise. This could be in regard to your day-to-day finances, legal matters, or even your healthcare choices.
 

Your chosen ‘attorney’ will have the legal authority to act in your best interests, but only when needed.

 

 

Types of Power of Attorney 
There are three main types of Power of Attorney:

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• Ordinary Power of Attorney (OPA)

Used when you are still mentally capable, but need some temporary help - for example, while travelling or recovering from surgery. This covers financial decisions only and is valid only while you have mental capacity.

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• Lasting Power of Attorney (LPA)

The most common form. It continues even if you lose your mental capacity. There are two types:

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• LPA for Property & Financial Affairs - Covers banking, paying bills, managing property, and handling financial decisions.

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• LPA for Health & Welfare - Covers decisions about care, treatment, and living arrangements. 

 

You can have one or both types concurrently, and tailor them to your wishes and preferences.

 

 

Who Can Be an Attorney?
Your attorney should be someone you trust completely. This might be:

• A close family member or a best friend

• A solicitor or other professional advisor

 

You can appoint more than one person and specify whether they must act jointly and together or independently. It's also possible to name a replacement attorney, should your original choice be unable or unwilling to act in the future.
 

Our top tip here is to have open conversations with anyone you plan to appoint. It’s important they understand your wishes and are happy to take on the responsibility for you.

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How Do I Arrange a Power of Attorney?
Financial advisors can help in this regard as indeed can solicitors. People can set up a Power of Attorney themselves and it is straightforward, but you will need to follow the correct legal steps:

1.  Choose your attorney(s)
Think carefully about who you want to act on your behalf, and whether you'll need more than one person.

2.  Complete the paperwork
For LPAs, forms are available on the UK Government website or can be completed with a solicitor.

3.  Sign and witness the forms
You (the donor) must sign the document, along with your attorney. The forms must be witnessed by someone independent.

4.  Register the LPA
If you're creating an LPA, it must be registered with the Office of the Public Guardian (OPG) before it can be used.

 

 

Additional Support and Resources
Our friendly live-in care consultants are happy to point you in the right direction. We’re not legal professionals, but we can introduce you to trusted advisors and resources to help you make confident decisions.

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Helpful organisations include:

 

• Office of the Public Guardian (OPG) – Official UK Government resource

• Age UK – Expert advice for older people and their families

• Qualified solicitors and legal advisors in your local area