What is a Power of Attorney?
There are three main types of Power of Attorney. A Lasting Power of Attorney (LPA) remains valid even after the donor loses mental capacity. An Enduring Power of Attorney (EPA) applies only to financial decisions and is valid if created before 1 October 2007; new EPAs can no longer be created. An Ordinary Power of Attorney (OPA) is valid only while the donor has mental capacity and is useful for temporary situations such as hospital stays or holidays.
Lasting Power of Attorney Explained
An LPA allows someone (the attorney) to make decisions on behalf of another person (the donor) should they lose mental capacity. There are two types of LPA: Health and Welfare, covering decisions such as medical care, living arrangements, personal care, social activities, and contact with others, which can only be used if the donor loses mental capacity; and Property and Financial Affairs, which covers managing bank accounts, paying bills, selling property, arranging repairs, and managing investments, and can be used with permission while the donor still has mental capacity.
An LPA is not necessarily permanent and can be cancelled at any time while the donor has mental capacity by submitting a deed of revocation to the Office of the Public Guardian.
Why is a Power of Attorney Important?
If your elderly relative loses mental capacity without an LPA in place, managing their affairs can become difficult, stressful, and expensive. An LPA clearly identifies who has authority to make decisions, providing peace of mind and clarity during challenging times.
Real Life Case Study
Margaret, an 82-year-old Lincolnshire resident, suffered a sudden stroke that left her unable to communicate clearly. Because Margaret had previously set up both types of LPA, her daughter was immediately able to manage her financial affairs and coordinate her health care effectively. This prevented delays in essential decisions about her treatment and relieved the family from significant emotional and administrative stress.
Steps to Set Up a Lasting Power of Attorney
Firstly, choose your attorney by deciding who will act in your loved one’s best interest, usually a family member or close friend. Next, complete the forms obtained from the Office of the Public Guardian online or by calling 0300 456 0300. These forms must be filled out accurately, signed in a specific order, and witnessed appropriately. A certificate provider must then confirm that the donor understands the LPA and is not under pressure. This must be someone known for at least two years or a professional like a solicitor or doctor. Finally, register the LPA by submitting the completed forms to the Office of the Public Guardian. Registration can take several weeks, with fees typically around £82 per LPA.
Common Myths and Misconceptions
Many believe spouses automatically have decision-making power, but even if married, your spouse does not automatically have the right to manage your affairs without an LPA. Additionally, LPAs are not only for the elderly; anyone aged 18 or over should consider an LPA to safeguard against unexpected health issues or accidents.
Tips for Choosing the Right Attorney
When selecting an attorney, consider someone who is trustworthy and reliable, organised and detail-oriented, lives nearby or can manage responsibilities remotely, and is willing and prepared to take on the role.
Frequently Asked Questions
More than one person can act as an attorney, and you can specify whether they act jointly or independently. Attorneys must act in the donor’s best interests, keeping detailed records and separate finances. To protect against abuse or misuse, regular checks and transparency are vital, and you can request updates be sent to another family member or solicitor.
Local Resources and Additional Support
For further support, visit trusted resources such as Age UK Lincoln & South Lincolnshire and the Office of the Public Guardian.
Expert Insight from APT Legal
Carrie Boughtwood, owner of APT Legal, advises, “Setting up an LPA early helps prevent issues later on. Choosing someone you trust to act in your best interests is vital. It also avoids your family having to navigate the complexities of the Court of Protection when they should be focused on caring for their loved one.”
For further details, visit the APT Legal guide to LPAs.
How Guardian Angel Carers Can Help
At Guardian Angel Carers Lincoln & Newark, our compassionate team can guide you towards reliable resources like APT Legal and local organisations such as Age UK. While we cannot provide direct legal advice, we support you through the care journey, ensuring your loved ones remain comfortable, independent, and cared for at home.
Don’t wait until it is too late. Take the necessary steps today to secure your loved one’s future. For additional support or guidance, please contact Guardian Angel Carers Lincoln & Newark. We are here to help every step of the way.
Contact us: Telephone: 01636 385904
Email: lincoln@gacarers.co.uk or newark@gacarers.co.uk
Website: Guardian Angel Carers Lincoln & Newark