Power of Attorney

It may be worth considering arranging a Lasting Power of Attorney (LPA) if the person you care for has a degenerative illness such as dementia, whilst they still have mental capacity to grant permission. Another reason for authorising lasting power of attorney is if the person no longer wishes to make decisions for themselves.

Lasting power of attorney is a way of giving a trusted person the legal authority to do so where the person granting permission, i.e. the person you care for, is called the donor and the person holding the Lasting Power of Attorney is called the attorney. Attorneys must always act in the best interests of donors.
There are two kinds of LPA – one type for financial decisions and the other for health and care decisions.

LPA for financial decisions

This can be used while someone still has mental capacity. Under this power, the attorney (the person legally authorised to make decisions for the cared-for person or donor)
An attorney (the person who makes decisions for you) can routinely make decisions on things such as:

  • paying bills including utilities, rent or mortgage etc.
  • arranging repairs to property
  • investing money

LPA for health and care decisions

Decisions about healthcare as well as personal welfare and can only be used once a person has lost mental capacity. Under this LPA, the attorney can make decisions about things such as: living location, medical care, dietary requirements, social contact and activities.

LPA Costs and other information

Registering an LPA costs £110 although there are exemptions if the donor is in receipt of an income related benefit and reductions based the donor’s income before tax.

For Power of Attorney forms you can contact the Office of the Public Guardian or call them on 0300 456 0300.

Age Concern Luton have a fact sheet that can be requested by calling 01582 456812.

Age UK’s website has more information on the Lasting Power of Attorney process as well as an LPA fact-sheet.

The Government website provides details on how to make and register a lasting power of attorney.