Power of Attorney
Power of Attorney

Power of Attorney

Do I need a Power of Attorney?

YES, this is your opportunity to choose someone you trust, while you can. It is cheaper to assign a Power of Attorney while you still have ‘Mental Capacity’ and has been made easier with online applications and help from the Office of Public Guardian.

Choosing someone to manage your decisions, should there be a time when you are not able to, can help give peace of mind.  It can save money and make sure that those caring for you take into account your wishes if they are having to make decisions in your best interests.

Please don’t assume, as many do, that if anything happens to you your partner/spouse/children will be able to ‘manage your affairs’ for you, they may not be allowed to if there is no legal provision in place. 

What is a Power of Attorney?

A Power of Attorney is your chance to appoint someone you trust to help you make decisions or to make decisions on your behalf if you have an accident or an illness and are no longer able to make your own decisions without help.

What is ‘Mental Capacity’?

The ability to understand and make a decision when it needs to be made is called ‘Mental Capacity’. 

I can make manage my own affairs!

While you are able to manage your own affairs it is important to consider that in the future you may not be able to make arrangements or decisions for yourself (at any age) as an accident or illness can affect our ability to make decisions and may lead to someone else having to help or even make some decisions on your behalf in the future.

Powers of Attorney are made while you CAN make your own decisions! They are to enable you to choose someone you trust just in case you need some help. 

While you have ‘Mental Capacity’ you will continue to make the decisions. A Power of Attorney is for a time when you are not able to manage decisions and it is your opportunity to decide who you would like to help you or make decisions for you IF you are no longer able to.

Types of Attorney

  • Ordinary Power of Attorney – This is for financial affairs and is valid while you have mental capacity. It is suitable if you need cover for a temporary period for example a hospital stay or holiday, or if you find it hard to get out, or you want someone to act for you.
  • Enduring Power of Attorney (EPA) – Someone with an EPA can help to make or make decisions about someone’s property and money providing it was made and signed before October 1, 2007. After that date donors had to make a Lasting Power of Attorney. 
  • Lasting Power of Attorney –Lasting Power of Attorney (LPA) are a way of giving someone the legal authority to make decisions on your behalf if you lack mental capacity at some time in the future or no longer wish to make decisions for yourself. There are two types of LPA: Finance/Property and Health/Welfare.

What happens if I don’t have ‘Mental Capacity’ to choose an Attorney?

If a person has lost the capacity to choose an ‘attorney’ and a legal representative has not been appointed there may be a need to apply to the Court of Protection who will appoint a Deputy.

Do I need a Solicitor?

No, you can register a Lasting Power of Attorney online and the GOV.UK website has the information you will need. You may require a professional person as a certificate provider or need help to decide on the type of power to give or advice on something that is more detailed. 

Contact Us if you would like help with making a Power of Attorney or need a Certificate Provider or Witness.

I haven’t got any money to manage!

A Lasting Power of Attorney can also be made for Health and Welfare decisions but if want someone to help claim and manage   benefits then a Department of Works and Pensions Appointee can be assigned for BENEFITS ONLY.

What if I am having problems with my Attorney?

  • If you think you’re in immediate danger, contact your local police force or call 999 in an emergency.
  • Raise your concerns with the Office of the Public Guardian, which has responsibility for monitoring attorneys.
  • If you have concerns of financial misuse or any other type of abuse, call the Action on Elder Abuse helpline on 080 8808 814 and/or contact the Local Authority ‘Safeguarding’ team 
If you would like to speak to a someone about supporting a loved one or making a Power of Attorney please get in touch

Access to medical records

An Attorney holding a Lasting Power of Attorney (either Property and Affairs or Health and Welfare) (LPA) or a court-appointed deputy should be able to access relevant medical records of the vulnerable adult. The Office of Public Guardian have issued Guidance on disclosing medical records  to attorneys and deputies to enable them to make best interest decisions.

Download the FREE ‘Care Map’ APP

What People Say ...

Saved us nearly £200k
Saved us nearly £200k
SC, Leighton Buzzard
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“My Father had been admitted into Hospital many times over the last few years but until I spoke with Care Navigators no one had mentioned that he may have been discharged under the Mental Health Act. A Care Funding check and established that his care should have been paid for by the NHS and Local Authority for the last 5 years, saving us nearly £200’000”! I am so grateful."
It is a weight off my mind
It is a weight off my mind
JN, Buckingham
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"Before speaking to Care Navigators I had paid for my Wife’s care, I had no idea the NHS could pay and when it came through I was amazed. All £795 per week was paid, from 7 months ago. I couldn’t believe it. Just to say thank you so very much for all you have done. It is a weight of my mind!"
I didn't know my sister could get funding
I didn't know my sister could get funding
FH, Brackley
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“Until speaking with Care NavigatorsI had no idea my Sister could get a benefit for being disabled. She had some savings and I presumed we would have to pay for everything we needed. It has made such a difference to her, she uses it to pay for a cleaner and a gardener, which means I can get the shopping and go out.”
Finding Good Care
Finding Good Care
NM, Whitchurch
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“When my Mother fell and went into Hospital I wasn’t sure she would come out. Care Navigators helped me to find and arrange care for her to go home with, I wouldn’t have known where to start”.
I didn’t have the worry or stress
I didn’t have the worry or stress
SD, High Wycombe
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“Care Navigators knew all of the care providers in my area and I didn’t have the worry or stress of ringing round and not knowing what to ask” Dad is home with a live-in carer and we spend our time together instead of me running around and getting nowhere fast. Thank you”.
Can't thank you enough
Can't thank you enough
LK, Towcester
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“Wow! From beginning to end Care Navigatos helped me to understand what was happening, get the right assessments, find a care home and claim benefits that I didn’t know existed. I can’t thank you enough."
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