What is ‘Lasting Power of Attorney’?
At St Wilfrid’s Hospice, we understand that planning for the future can bring peace of mind. One way to ensure your wishes are respected if you’re no longer able to make decisions for yourself is by setting up a Power of Attorney. This legal document allows someone you trust to make decisions on your behalf when you’re unable to do so, either temporarily or permanently.
What is a Power of Attorney?
A Power of Attorney (POA) gives legal authority to a chosen person (your ‘attorney’) to make decisions for you. It can help manage everyday financial tasks or important decisions about your health and care. Planning ahead with a POA is particularly important if you’re diagnosed with an illness like dementia or are at risk of losing the ability to make your own decisions.
What is mental capacity?
Mental capacity is your ability to make informed decisions and understand their consequences. If someone lacks mental capacity, they’re unable to:
- Understand the information relevant to a decision
- Weigh up options and make a reasoned decision
- Retain the necessary information to make the decision
- Communicate their decision in any way (verbally, via sign language, etc.)
Loss of mental capacity can be specific to certain decisions, so it’s important to have someone you trust ready to step in when needed.
Types of power of attorney
There are three types of Power of Attorney, and each serves a different purpose:
- Lasting Power of Attorney (LPA):
- LPA for Financial Decisions: Covers property, money, and financial affairs. You can choose whether this starts while you still have capacity or only if you lose capacity.
- LPA for Health and Care Decisions: Covers decisions about your personal care, medical treatment, and living arrangements, and only comes into effect if you lose mental capacity.
- Ordinary Power of Attorney (OPA): Only for financial decisions and is valid while you still have mental capacity. It’s typically used for temporary situations, such as during a hospital stay.
- Enduring Power of Attorney (EPA): Replaced by LPAs in 2007. If you created an EPA before this date, it remains valid for financial decisions but cannot be updated.
Setting up a power of attorney
To set up a Lasting Power of Attorney (LPA):
- Obtain the LPA forms from the Office of the Public Guardian (OPG) or use the online service on GOV.UK.
- Complete the forms and ensure they are signed in the correct order (your signature, the certificate provider’s, and finally your attorney’s).
- Register the LPA with the Office of the Public Guardian, which can take several weeks. An LPA cannot be used until it is registered.
For Ordinary Power of Attorney (OPA), contact a solicitor or Citizens Advice for assistance
How much does it cost?
It costs £82 to register each LPA with the Office of the Public Guardian. If you’re registering two LPAs (one for financial decisions and one for health and care), the total cost is £164. You may be eligible for a reduced fee if you have a low income, and in some cases, you may not need to pay at all if you receive certain benefits.
Choosing an Attorney
Choosing the right attorney is crucial. You can appoint someone close to you, like a family member or friend, or a professional such as a solicitor. The person must be over 18 and cannot be a professional care worker unless they are a relative.
You can appoint more than one attorney, and they can either:
- Make decisions jointly (they must agree on all decisions)
- Act jointly and severally (they can make decisions together or separately)
You may also want to appoint a replacement attorney in case your original attorney can no longer act on your behalf.
How should my Attorney make decisions?
Your attorney must always act in your best interests. According to the Mental Capacity Act 2005, your attorney should:
- Assume you have mental capacity unless proven otherwise
- Help you make decisions where possible
- Avoid judging your capacity based on decisions that seem unwise or eccentric
- Choose the least restrictive option for your rights and freedoms
What to do if you have concerns
If you believe your attorney isn’t acting in your best interests, or you’re concerned about someone else’s attorney, contact the Office of the Public Guardian at 0300 456 0300. They can investigate the matter and take further action if necessary, including involving social services or the police.
For urgent concerns about abuse or neglect, contact your local council’s safeguarding team or the police. You can also speak confidentially to Hourglass, a charity dedicated to helping vulnerable adults, on 0808 808 8141. At St Wilfrid’s Hospice, we’re here to help you plan for the future with confidence and dignity. For more information or to discuss your options, please don’t hesitate to contact Bryan Robinson in the Fundraising Team on 01243 755184 or bryan.robinson@stwh.co.uk
