Understanding Power Of Attorney (POA)
Plan to ensure your wishes are always heard - No matter the circumstance
What is Mental Capacity?
Planning for our later years is something we all approach in different ways—pensions, inheritance, or making decisions about our care and support. While it can feel uncomfortable, arranging a Power of Attorney (POA) isn’t about wishing for the worst. It’s about ensuring that your wishes are respected and your voice is heard, even if you are unable to make decisions for yourself.
A Power of Attorney is not just for older adults. It’s now often recommended for all adults, regardless of age, as life can be unpredictable. A POA allows a trusted person to make decisions on your behalf if you become unwell, temporarily incapacitated, or permanently lose mental capacity.
Mental capacity means being able to make decisions and understand their consequences. If you have mental capacity, you have the right to make your own decisions, and no one should decide for you unless it is shown that you lack capacity.
- A lack of mental capacity means you may be unable to:
- Understand information relevant to a decision
- Weigh up the information to make a choice
- Remember the information long enough to make a decision
- Communicate your decision (verbally, using sign language, or by other means)
For more information, see the UK Government guide: Click Here Mental Capacity Act
Types of Power of Attorney
1. Lasting Power of Attorney (LPA)
Property & Financial Affairs LPA: Lets your attorney make decisions about money or property.
Health & Welfare LPA: Lets your attorney make decisions about medical care and personal welfare, but only once you no longer have mental capacity.
2. Enduring Power of Attorney (EPA)
EPAs were replaced by LPAs in October 2007. They were only used for financial decisions. EPAs made before this date can still be valid under certain circumstances.
3. Ordinary Power of Attorney (OPA)
OPAs are temporary and can be used while you still have mental capacity. They are often used for financial matters during short-term situations, like being abroad or temporarily incapacitated. OPAs end if you lose mental capacity.
Creating a Power of Attorney
1. Get the forms – LPA forms can be downloaded from Gov.uk or filled in using their online service. Many people choose to use a solicitor to avoid mistakes that could cause the application to be rejected.
2. Sign and witness – Forms must be signed in the correct order. A professional witness who has known you for at least two years is required. Family members or partners cannot act as witnesses.
3. Register your POA – The POA must be registered with the Office of the Public Guardian before it can be used. Registration can take up to 8–10 weeks.
Tip: Planning ahead is crucial so you can carefully choose someone you trust to act on your behalf.
Costs
Registration of an LPA costs £82 per LPA.
Reduced fees are available for those on low incomes or benefits.
Solicitor fees vary but can help ensure forms are completed correctly.
Further Resources
AgeUK – Detailed guide on the uses and benefits of POAs: https://www.ageuk.org.uk/information-advice/money-legal/legal-issues/power-of-attorney/
Gov.uk – Official forms and step-by-step guide for creating an LPA: Gov.uk – Lasting Power of Attorney
https://www.lastingpowerofattorney.service.gov.uk/home
MoneySavingExpert – Guide on costs and practical considerations: Https://www.moneysavingexpert.com/family/power-of-attorney/
At Beehive Care & Training, we aim to provide practical support and information so our clients can make informed decisions and understand the care system. We see firsthand how a lack of access to information can lead to difficult situations for individuals and their families. Planning ahead with tools like a Power of Attorney helps protect your wishes and provides peace of mind for everyone involved.