Power of attorney is a legal document giving someone you trust the legal authority to make financial and welfare decisions should you become too unwell to yourself. Depending on your requirements, there are several types of power of attorney to choose from.

Without power of attorney, the person you want to help you in this way will have difficulties doing so. For example, they won’t immediately be able to deal with your accounts or make decisions about your healthcare if you lose capacity - not even a spouse or civil partner. Instead, they would need to apply to the court of protection, and this process can be complex and lengthy. 

Types of power of attorney (POA)

There are several types of power of attorney depending on whether you want someone to:

• Act on your behalf on a temporary or ongoing basis

• Manage your property and financial affairs, health and welfare or both

Ordinary power of attorney

Ordinary power of attorney gives someone the authority to look after your affairs on a temporary basis whilst you still have mental capacity. Therefore you may provide someone ordinary power of attorney if you:

Ordinary POA is a temporary measure. If you want to give someone the ability to handle your affairs, you need a lasting power of attorney if you lose mental capacity.

Lasting power of attorney

Lasting power of attorney (LPA) grants authority for someone to look after your affairs for a longer period should you lose mental capacity. You must be capable of making decisions when arranging a lasting power of attorney and can choose to cover your financial choices, healthcare requirements or both.

Lasting power of attorney for health and welfare

Health and welfare power of attorney gives your chosen attorney legal authority to make decisions concerning your health and general care, including:

• Where you live

• Medical treatment you receive

• Daily care

• Decisions regarding lifesaving treatment

Lasting power of attorney for property and financial affairs

Property and financial affairs power of attorney gives your chosen attorney legal authority to make decisions about your finances, including:

• Paying your bills

• Dealing with your bank or building society

• Claiming benefits, pension and allowances

• Paying the mortgage

• Buying or selling property

How to get power of attorney

To register power of attorney, you need to:

Contact the Office of Public Guardian. There’s more information here about the forms and fees for doing so – you can even complete much of the process online.

Using power of attorney solicitors

Using a solicitor to arrange power of attorney isn’t a legal requirement and with costs around £500 is more expensive. However, if you’re unsure of the process or have a complex situation such as a business or family that don’t get on, paying extra for a solicitor may be worthwhile.