When you can’t make decisions for yourself, you might need someone else to do it on your behalf. This is where a Power of Attorney (PoA) comes into play. In the UK, a Power of Attorney is a legal document that allows you to appoint someone to make decisions on your behalf. This guide will explain what a Power of Attorney is, how to get one, and the steps involved.
What is Power of Attorney (PoA)?
Power of Attorney is a legal agreement where one person (the “Donor”) gives another person (the “Attorney”) the authority to act on their behalf. This could be for financial, medical, or personal matters. There are different types of Power of Attorney, and each serves different purposes.
Types of Power of Attorney in the UK
There are mainly three types of Power of Attorney in the UK:
- Lasting Power of Attorney (LPA)
- This is the most common form of PoA. It’s used when the person granting it (the donor) wants someone to make decisions on their behalf in case they become mentally incapacitated.
- There are two types of LPA:
- Health and Welfare LPA: This allows the attorney to make decisions about your health care, medical treatments, and daily routine.
- Property and Financial Affairs LPA: This lets the attorney manage your financial matters, such as paying bills, managing bank accounts, and dealing with property issues.
- Enduring Power of Attorney (EPA)
- This was an old version of LPA but is no longer available for new applicants. However, EPAs made before October 2007 are still valid.
- General Power of Attorney (GPA)
- This is usually used for a specific time period and for specific financial decisions. It does not apply if the donor loses mental capacity.
Why Should You Consider Getting a Power of Attorney?
There are several reasons why someone might want to set up a Power of Attorney in the UK:
- Incapacity due to Illness or Injury: If you suffer an accident or illness that affects your mental capacity, an Attorney will make decisions for you.
- To Manage Financial Affairs: If you are going abroad for a long time or are unable to manage your finances, you might want to grant someone a Power of Attorney.
- Peace of Mind: Setting up an LPA ensures that your affairs will be handled according to your wishes when you are no longer able to do so yourself.
Steps to Get Power of Attorney in the UK
To get a Power of Attorney in the UK, follow these simple steps:
Step 1: Choose Your Attorney
The first thing you need to do is choose who will be your Attorney. This person must be over 18 and someone you trust to make decisions on your behalf. You can choose a family member, friend, or professional (e.g., a solicitor).
Step 2: Decide the Type of Power of Attorney
As mentioned earlier, decide whether you need a Health and Welfare LPA or a Property and Financial Affairs LPA. It’s essential to be clear about the type of PoA you need before moving forward.
Step 3: Complete the Forms
To create a Power of Attorney, you need to fill out a form. These forms can be found on the UK government website or can be obtained from your solicitor. The form requires details of the donor and the attorney, as well as what powers the attorney will have.
Step 4: Get the LPA Registered
Once the forms are completed, you need to have the LPA registered with the Office of the Public Guardian (OPG). This ensures that the Power of Attorney is legally valid and can be used when needed.
Step 5: Notify the People Involved
You must inform certain people (called “people to be notified”) about the LPA. This gives them an opportunity to raise concerns, such as doubts about your mental capacity or any issues with the attorney’s suitability.
Step 6: Receive the LPA Certificate
Once the Office of the Public Guardian approves the Power of Attorney, they will issue a certificate confirming its registration. This certificate should be kept safe as it is a crucial document.
Costs of Getting Power of Attorney
The cost of setting up a Power of Attorney can vary. If you decide to apply on your own, the registration fee for an LPA is typically around £82. However, if you hire a solicitor to help you with the process, there may be additional fees for their services.
| Type of Power of Attorney | Description | Cost (approx.) |
|---|---|---|
| Lasting Power of Attorney (LPA) | Covers health, welfare, and financial decisions | £82 registration fee |
| Enduring Power of Attorney (EPA) | Only valid for old applications before 2007 | N/A (not available for new applications) |
| General Power of Attorney (GPA) | For limited time or specific decisions | Varies (depends on the complexity) |
Key Considerations Before Granting a Power of Attorney
- Revoking PoA: If you change your mind, you can revoke the Power of Attorney at any time, as long as you are mentally capable.
- Choosing an Attorney: Make sure to choose someone you trust completely since they will have the authority to make important decisions on your behalf.
- Fees: Always check the fees involved and whether hiring a solicitor is necessary.
Conclusion
Getting a Power of Attorney in the UK is a simple but crucial process to ensure that your legal, financial, and health-related decisions are managed by someone you trust if you are unable to do so. By following the above steps and ensuring you choose the right attorney for your needs, you can rest easy knowing your affairs are in good hands.
If you have any questions or need further assistance with Power of Attorney in the UK, consult with a solicitor or visit the UK government website for more information.
