Q: A friend has suddenly fallen ill, which has made me think about getting my affairs in order. I’ve heard of setting up a lasting power of attorney, but I don’t really know where to begin, or if I really need to, as I’m not very old.
A: The first thing to know is that anyone can make a lasting power of attorney; it's not something purely for older people to consider.
Appointing a lasting power of attorney (LPA) means nominating someone, such as a trusted friend or relative, to act on your behalf and manage your finances, care or medical treatment, if you ever lose mental capacity. This could be because you're diagnosed with a health condition that prevents you from doing so, or something happens to you, such as an accident.
The kinds of illness which might prevent you from making decisions for yourself include: dementia, mental health problems, a brain injury, alcohol or drug misuse or the side-effects of medical treatment. Setting up an LPA doesn’t mean you’re expecting anything to happen; it’s something you might want to do in case something happens in the future.
There are two types of LPA, property and financial affairs and health and welfare. You don't have to make both types at the same time, but you must make an LPA while you are still capable of making decisions for yourself. This is called having mental capacity. Both types must be registered before they can be used, and you should choose who manages your affairs for you, if you’re no longer able to, very carefully.
A property and financial affairs LPA gives someone the authority to deal with and make decisions about things like buying or selling property, bank, building society and other financial accounts, welfare benefits and debts. You can give someone power of attorney to handle all of those affairs, or only certain ones. If you want to create an LPA that deals only with certain matters, you should make sure it’s drawn up very carefully.
A health and welfare LPA gives someone the authority to deal with and make decisions about things like where you live, your day-to-day care, and your healthcare treatment - either for all aspects of your personal welfare, or only certain things. It's not possible to use a health and welfare LPA until the person who made it has lost their mental capacity.
There are two ways you can make an LPA - either online at gov.uk or by downloading the forms from gov.uk. There is one form for property and affairs and one for health and welfare. If you want someone to look after both aspects, you’ll need two separate LPAs.
Once completed, you’ll need to register the LPA by sending the forms to the Office of the Public Guardian. If you need to pay a registration fee, you'll need to send that too.
If the form has been correctly completed and there are no objections after people have been notified, the Public Guardian must register it. This can take around 20 weeks.
The Public Guardian must notify you and your attorneys that they have registered the LPA, and it can then be used. You can find lots of information on LPAs and other shorter-term powers of attorney on the Citizens Advice website, by phoning 0808 812 6681 or by dropping in to speak to one of its advisers.
Citizens Advice Test Valley
If you have an issue, we can help you find a way forward
We are a charity offering free, independent, confidential and impartial advice to residents of Test Valley, relating to benefits, work, debt and money, consumer (including energy), relationships, housing, law and rights, discrimination, tax, healthcare, education, and more.
You can check for advice on the National website, 24 hours a Day:
You can email us via our website, 24 hours a day:
www.testvalleycab.org.uk/email-advice-form
You can call us for free, 9am to 5pm Monday to Friday:
0808 812 6681
You can visit us:
9:30-12, Monday-Thursday, 1st Floor, Chantry House, Chantry Way, Andover, SP10 1LZ
9:30-12, Monday-Friday, Former Magistrates Court, Church Street, Romsey, SO51 8AQ
We also have advisers at Andover and Romsey foodbanks during their opening times, and an adviser at Whitchurch Town Hall on Tuesdays between 9:30am to 12:30pm.
Would you like to become a volunteer adviser with us to make a positive difference to people’s lives in our community? Visit www.testvalleycab.org.uk/news/volunteer for more info.
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