Someone who is your Power of Attorney helps you by making decisions for you. You give them this power in a legal document called a Lasting Power of Attorney. The person you choose can have legal power for your health and welfare, or your finances and property, or both. Doing this while you have mental capacity may be easier and cheaper, as the process to be allowed to make decisions for someone who lacks mental capacity (called being a Deputy) is more complex and costly.
The person you choose must be over 18 years of age and have mental capacity. The person cannot be your attorney for property and financial affairs if they have a Debt Relief Order (a way to write-off debts) or have declared bankruptcy.
You can choose one person or more than one person, and you can decide if they must agree each decision jointly or if one person can decide for some things alone. If later the people you choose disagree about a decision that must be made jointly they can meet together to decide what is in your best interests. If they still cannot agree one person may ask the Court of Protection to decide.
Sometimes this can be a difficult conversation. The Office of the Public Guardian has 5 top tips on starting a difficult conversation.
Office of the Public Guardian:
Top tips on starting difficult conversations about Lasting Power of Attorneys.
To set up a Power of Attorney takes time (about 20 weeks in January 2024) to fill in the forms and register with the Office of the Public Guardian. There is also a cost – most people pay but there is advice on the Government website on exemptions if you receive certain benefits, and discounts if you receive Universal Credit or have a low income.
Gov.UK: Power of Attorney.
The Government service in charge of this is called the Office of the Public Guardian. It helps people who need an attorney, and helps attorneys as well. It keeps a record of attorneys and deputies, and investigates any complaints about them.
If you can still make your own decisions but need someone to make decisions for you for a short time (for example because of illness or during a holiday) you can use an Ordinary Power of Attorney. This can also be used when you want someone to make decisions for you while you can supervise their actions. You must be able to make your own decisions to use an Ordinary Power of Attorney, so if you want to plan for when you can no longer make decisions use a Lasting Power of Attorney.
There is a standard form of words you should use for the Ordinary Power of Attorney. There are websites that can create this by asking you a few questions, some for free and others charge. You can also buy a pack with advice and a form to complete. Available from stationery shops like WH Smith, Rymans or from online shops like Amazon.
You can get more advice on the Ordinary Power of Attorney from a solicitor, from Citizens Advice or from the Government.
Law Society: Power of attorney.
Citizen's Advice: Ordinary Power of Attorney.
Gov.UK: Make decisions for someone.