It’s best to set up a Lasting Powers of Attorney sooner rather than later. It is advisable to get a Lasting Powers of Attorney before it is actually needed. This is because, if someone loses mental capacity and doesn’t have a Lasting Powers of Attorney, family will have to apply to the Court of Protection with increased costs.

The benefit of a Lasting Powers of Attorney is it stops a stranger, or someone untrustworthy who might take advantage of your relative, from gaining Lasting Powers of Attorney power.

Lasting Powers of Attorney for property and financial decisions covers things like:

·Buying and selling your home.

·Paying the mortgage.

·Paying the bills.

·Arranging property repairs.

·Investing money.

·Collecting benefits or pension.

·Day to day banking.

Lasting Powers of Attorney decisions can be restricted, for example, they could have access to make decisions about paying bills, but not about selling your home. 

If you are setting up a Lasting Powers of Attorney for financial decisions, the Attorney  must 

•   keep accounts 

•   keep the money out of their own account. 

You can ask for regular updates  on spending or saving for example.  And you can ask for this information to be sent to your solicitor or another member of your family, providing extra protection.

Lasting Powers of Attorney for Health and Welfare

An LPA for health and welfare covers things like:

·Where you want to live.

·What medical care you want to receive.

·What you should eat.

·Who you want to have contact with.

·What kind of care you want to receive.

Lasting Powers of Attorney for Health and Welfare can only be used if you no longer have mental capacity. Special permission can also be given about life-saving treatment.  

It is a mis conception to assume your next of kin can administer any of the above.

·In temporary situations, for example if you are in hospital and need help with paying bills and banking. Worse still you are unconscious and decisions on treatment need to be made.

·In longer-term situations, for example you have been diagnosed with dementia and may lose mental capacity, so that you cannot  make your own decisions in the future.

If there is no Power of Attorney in place, decisions have to be made by medical practitioners or through the courts. This can be a long and expensive route, and although it will always have your best interests at heart, it will not necessarily know your specific wishes.

What is mental capacity?

Mental capacity is the ability to make specific decisions at a particular time. Someone who is lacking mental capacity - because of an illness or disability – cannot do one or more of the following:

·Understand the information that has been given to them about a decision.

·Retain the information long enough to make that decision.

·Evaluate the information to make the decision.

·Communicate their decision.

Everyone makes decisions every day, both big and small. Most of us are able to make these decisions ourselves, though of course, we may ask for information, advice and support for serious or difficult decisions.

You can find more information on the NHS website (https://www.nhs.uk/conditions/social-care-and-support-guide/making-decisions-for-someone-else/mental-capacity-act/)

Setting Up a Lasting Powers of Attorney

Contact the Office of the Public Guardian (https://www.gov.uk/power-of-attorney/make-lasting-power) and get the relevant forms and information pack. This can be downloaded or filled out online. 

The forms can be filled out by your loved one, or a solicitor or Citizen’s Advice. Seeking professional advice can be wise, as it can prevent issues further down the line. It’s not necessary, but if the situation is complex or you’re unsure of the process it might make the process smoother.

After it’s been filled out, the Lasting Powers of Attorney needs to be signed by a certificate provider. This is someone who confirms that you have understood and have not been pressured into signing. The certificate provider must be someone your relative knows well, or a professional such as a doctor, social worker or solicitor.

The Lasting Powers of Attorney must be registered with the Office of the Public Guardian before it can be used. You must register the Lasting Powers of Attorney while you have mental capacity, and it can’t be used throughout the registration process, which lasts around 9 weeks. If your relative loses mental capacity but signed the Lasting Powers of Attorney while they still had mental capacity, you can register it on their behalf as their Attorney. 

What’s the cost for lasting power of attorney?

The cost of registering the LPA in England and Wales is £82 for each Lasting Powers of Attorney, bringing the total to £164, and if you use a solicitor you will need to take their costs into consideration. You may be eligible for exemption from the fee if you are in receipt of certain benefits.

Need more information and support?

If you’re finding the process difficult and need more support, you can contact the Office of the Public Guardian (https://www.gov.uk/government/organisations/office-of-the-public-guardian), contact a solicitor who specialises in this field, or contact social services or your local authority for advice. 

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