Where Can I Get a Power of Attorney Form in the UK?

Thinking about who will handle your affairs if you can't anymore can feel a bit heavy, but it's actually a really smart move. Setting up a Power of Attorney (POA) means you get to pick someone you trust to make important decisions for you, whether that's about your money or your health. It's all about making sure your wishes are respected, even if you can't voice them yourself. This guide will walk you through the ins and outs of getting a Power of Attorney form in the UK, making the whole process a bit clearer.

Key Takeaways

• A Lasting Power of Attorney (LPA) lets you pick someone to manage your affairs if you lose mental capacity; there are different types for money and for health.

• You can get the forms for an LPA from the Office of the Public Guardian, either online or by ordering them.

• While you don't have to use a solicitor to set up an LPA, it can be a good idea, especially if your situation is a bit complicated.

• There's a fee to register your LPA, but you might be able to get a discount or even pay nothing if you're on a low income or certain benefits.

• Your chosen attorney has to follow rules from the Mental Capacity Act 2005, always acting in your best interests and considering your past wishes.

Understanding Power of Attorney in the UK

Power of Attorney (POA) is a pretty important topic, and it's something more people should probably think about. It's all about planning for the future, just in case you can't make decisions for yourself. Let's break down what it means in the UK.

What is a Power of Attorney?

At its core, a Power of Attorney is a legal document that lets you (the 'donor') appoint someone you trust (the 'attorney') to make decisions on your behalf. This could be for things like managing your finances, making healthcare choices, or dealing with your property. It's like giving someone the authority to step into your shoes when you can't. The Power of Attorney document is a great way to ensure your wishes are respected.

What is Mental Capacity?

Mental capacity is a key concept when talking about POAs. Basically, it refers to your ability to make your own decisions. To have mental capacity, you need to be able to:

• Understand the information relevant to the decision.

• Retain that information long enough to make a decision.

• Weigh up the pros and cons of different options.

• Communicate your decision.

If you lack capacity, even temporarily, your attorney can step in and make decisions for you, but only if you've granted them the authority to do so through a POA. It's worth noting that capacity can fluctuate, and just because someone lacks capacity at one point doesn't mean they always will.

Different Types of Power of Attorney

There are a couple of main types of Power of Attorney in the UK:

• Lasting Power of Attorney (LPA): This is the most common type and is designed for situations where you might lose mental capacity in the future. There are two types of LPA: one for property and financial affairs, and another for health and welfare.

• Ordinary Power of Attorney (OPA): This is a more limited type of POA that's only valid while you have mental capacity. It's often used for temporary situations, like if you're going abroad and need someone to manage your finances while you're away.

It's important to choose the right type of POA for your needs. An LPA offers more long-term protection, while an OPA can be useful for short-term arrangements. Getting legal advice is always a good idea to make sure you're making the best choice for your circumstances.

Setting Up a Lasting Power of Attorney

So, you're thinking about setting up a Lasting Power of Attorney (LPA)? Good on you! It's one of those things you don't think you need until you really need it. It's not as scary as it sounds, honestly. Let's break it down.

How to Obtain the Forms

First things first, you need the forms. You can grab them from the Office of the Public Guardian (OPG). They've got a couple of options. You can download them straight from their website, which is handy if you're impatient like me. Or, if you prefer the old-school method, you can give them a ring and they'll post them out to you. They even have an online service now, which some people find easier to use. Just search for the LPA service on the GOV.UK website.

Do I Need a Solicitor?

Now, this is a question I get asked a lot. Do you need a solicitor? No, not necessarily. You can absolutely fill out the forms yourself. The OPG even has a step-by-step guide to help you. But, and it's a big but, if you're not careful, mistakes can mean your LPA gets rejected. Then you're back to square one, and you might have to pay another fee to reapply. Getting legal advice can prevent problems later on.

I'm not going to lie, the forms can be a bit confusing. If you've got complex finances or you're just not confident, it might be worth splashing out on a solicitor. It'll cost you more upfront, but it could save you a headache down the line. Plus, you get the peace of mind knowing it's all been done properly.

If you're struggling to complete the forms, Alzheimer's Society also provide a digital assistance service. You can call their support line on 0333 150 3456.

Registering Your LPA

Right, you've filled out the forms, got them signed and witnessed (in the right order, mind you!), now what? You need to register your LPA with the OPG. You can't actually use it until it's registered, and that can take a few weeks, so don't leave it until the last minute.

Here's a quick checklist:

• Make sure the forms are fully completed.

• Ensure all signatures are witnessed correctly.

• Send the forms to the OPG with the registration fee.

Remember, you can only register the LPA if you still have the mental capacity to do so. If you lose capacity before registering it, your attorney can register it for you.

Costs Associated with a Lasting Power of Attorney

It's important to factor in the costs when setting up a Lasting Power of Attorney (LPA). Let's break down the different fees you might encounter.

Registration Fees

The standard fee to register an LPA with the Office of the Public Guardian (OPG) is currently £82 per LPA. So, if you're registering both a property and financial affairs LPA and a health and welfare LPA, that's £164 in total. You can't actually use your LPA until registration is complete, which can take a few weeks, so factor that into your planning.

Eligibility for Discounts

Good news! You might be eligible for a discount or even a complete exemption from the registration fee. This depends on your financial circumstances. For example:

• If you're on a low income (under £12,000 a year), you could get a 50% discount.

• If you receive certain income-related benefits, you might not have to pay anything at all.

• There are other exemptions too, so it's worth checking the OPG website to see if you qualify.

It's definitely worth looking into whether you're eligible for any help with the fees, as it can make a big difference.

Professional Fees

While you don't have to use a solicitor to set up an LPA, many people choose to do so. Solicitors can guide you through the process, ensure everything is filled out correctly, and offer advice tailored to your specific situation. Of course, this comes at a cost.

Solicitor's fees for setting up an LPA can vary quite a bit, so it's a good idea to get quotes from a few different firms before you make a decision. Don't be afraid to shop around to find a price that works for you.

Here's a quick breakdown of potential costs:

Service	Estimated Cost
One LPA (fixed fee)	£360
Two LPAs (fixed fee)	£420
Couple - One LPA each	£600
Couple - Two LPAs each	£720

Remember, these are just estimates. The actual cost will depend on the complexity of your affairs and the solicitor's hourly rate or fixed fees for LPA.

Choosing Your Attorney Wisely

Choosing the right attorney is a really important step when setting up a Power of Attorney. It's not just about picking someone you like; it's about entrusting them with significant decisions about your life. Give it some real thought.

Who Can Be an Attorney?

So, who exactly can be your attorney? Well, there are a few rules. They need to be over 18, and generally, they can't be a professional care worker unless they're also a close relative. For financial decisions, your attorney can't be bankrupt. It's a good idea to pick someone you trust implicitly, someone who understands your values and will act in your best interests. This could be a family member, a close friend, or even a professional like a solicitor. Just make sure they have time to think about the role and responsibilities before they agree.

How Many Attorneys Can I Appoint?

You can actually appoint as many attorneys as you like. It might seem like a good idea to have several, but you need to decide how they'll make decisions. They can act:

• Jointly: They must make all decisions together.

• Jointly and Severally: They can act together or separately.

• A mix of both: Jointly for some decisions (like selling a house) and jointly and severally for others.

It's also smart to appoint replacement attorneys, just in case one of your chosen attorneys can't act anymore, perhaps due to illness or something else. This ensures there's always someone available to manage your affairs. You can find more about choosing an attorney on the government website.

Paying Your Attorney

Generally, your attorney can't charge you for their time unless they're a professional, like a solicitor. However, they can claim back any out-of-pocket expenses they incur while acting on your behalf, such as travel costs or postage. They need to keep a record of these expenses and provide receipts. There is an exception: you can specify in the LPA form that a non-professional attorney should be paid for their time. It's something to consider, especially if you anticipate they'll be dedicating a significant amount of time to managing your affairs.

Choosing an attorney is a big decision. Make sure you have open and honest conversations with them about your wishes and expectations. It's also a good idea to review your LPA regularly to ensure it still reflects your circumstances and preferences.

Attorney's Responsibilities and Decision-Making

Principles for Decision Making

When someone agrees to be your attorney, they're taking on a big responsibility. It's not just about signing papers; it's about making important choices on your behalf. Your attorney must adhere to the principles outlined in the Mental Capacity Act 2005. This means they should always assume you have the ability to make your own decisions unless it's proven otherwise. They need to do everything they can to help you make the decision yourself, considering things like the best time of day for you or using methods that help you understand, like pictures. They can't assume you lack capacity just because you make a decision others think is unwise. The decision they make should always be the least restrictive option for your rights and freedoms.

• Assume you have mental capacity unless proven otherwise.

• Help you make your own decisions.

• Avoid assumptions based on 'unwise' decisions.

• Make the least restrictive decision.

It's important to remember that your attorney's role is to support you, not to take over your life. They should involve you in the decision-making process as much as possible.

Acting in Your Best Interests

Acting in your best interests is at the heart of an attorney's role. This means they can't make decisions based on what they want, or what benefits them. They need to think about what's best for you. This involves considering your past and present feelings, your beliefs, and your values. They should also talk to other people who know you well, like family, carers, or friends, to get their input. If you've made an advance statement, they need to take that into account too. It's not always easy to know what's best, but the attorney needs to make a balanced decision based on all the information available.

Consulting Others

Attorneys shouldn't operate in a vacuum. It's usually a good idea for them to talk to other people who know you well. This could include family members, friends, carers, or medical professionals. Getting different perspectives can help the attorney make a more informed decision. Of course, the final decision rests with the attorney, but consulting others ensures they're considering all angles and acting in your best interests. It's about building a support network around you to ensure your wishes are respected and your needs are met. It's also worth remembering that attorneys can use the digital version of your LPA to confirm they're acting on your behalf.

Addressing Concerns About Your Attorney

It's natural to have concerns about whether your attorney is acting correctly. After all, you've entrusted them with significant responsibility. Here's what to do if you have worries.

Contacting the Office of the Public Guardian

The Office of the Public Guardian (OPG) is there to help if you suspect your attorney isn't acting in your best interests. They have a duty to investigate allegations of mistreatment or fraud. They can even report concerns to the police or social services if necessary. You can contact them by calling 0300 456 0300 or emailing customerservices@publicguardian.gov.uk. It's good to know that the OPG can also help if you have concerns about a deputy, not just an attorney.

Reporting Abuse or Neglect

If you believe abuse or neglect is happening, don't hesitate to act. Contact your local council's safeguarding team. They have a responsibility to investigate and take action. If you think someone is in immediate danger, call the police on 999. It's better to be safe than sorry.

Seeking Confidential Advice

Sometimes, you just need to talk things through with someone impartial. If you want to discuss your concerns confidentially, contact the Hourglass helpline on 0808 808 8141. They can offer a listening ear and provide support. Remember, you're not alone, and there are people who can help you navigate these tricky situations. If you are looking to obtain a Power of Attorney form, make sure you understand all the responsibilities involved.

It's important to remember that your attorney must always act in your best interests, following the principles set out in the Mental Capacity Act 2005. This includes helping you make your own decisions where possible and making the least restrictive decisions on your behalf.

Understanding Ordinary Power of Attorney

What is an Ordinary Power of Attorney?

An Ordinary Power of Attorney (OPA) is a legal document that allows you to appoint someone to act on your behalf, but with some important limitations. Unlike a Lasting Power of Attorney, an OPA is only valid while you have mental capacity. This means that if you lose the ability to make your own decisions, the OPA becomes invalid.

An OPA is typically used for managing financial affairs. You can specify exactly what powers your attorney has, such as managing your bank account or paying bills. It's a useful tool for short-term situations, like if you're going on holiday or recovering from an illness.

When is an OPA Useful?

An OPA can be a handy solution in several situations:

• Temporary Incapacity: If you're temporarily unable to manage your affairs due to illness or injury, an OPA can allow someone to handle things for you.

• Travel: If you're going abroad for an extended period, you can appoint someone to manage your finances while you're away.

• Convenience: If you find it difficult to get to the bank or post office, an OPA can allow someone to act on your behalf.

It's worth remembering that an OPA is only valid while you have mental capacity. If you're concerned about future loss of capacity, a Lasting Power of Attorney is a more suitable option.

How to Set Up an OPA

Setting up an OPA is relatively straightforward, but it's important to get it right. There isn't a standard form, so it's crucial to use the correct wording to ensure the document is legally valid. Here's what you need to do:

1. Seek Legal Advice: It's highly recommended to consult with a solicitor or your local Citizens Advice. They can help you draught the document and ensure it meets your specific needs.

2. Specify Powers: Clearly define the powers you're granting to your attorney. You can limit their authority to specific tasks or accounts.

3. Sign the Document: You and your attorney must sign the OPA in the presence of a witness.

While an OPA can be useful, it's important to consider whether a Lasting Power of Attorney online in the UK might be a better option for your long-term needs.

An Ordinary Power of Attorney is a simple legal document that lets you pick someone you trust to handle your money and property for you. This is useful if you're going away or are unwell for a short time. It's different from other types of Power of Attorney because it stops being valid if you lose the ability to make your own decisions. To find out more about how this could help you, visit our website for a free quote.

Conclusion

So, getting a Power of Attorney sorted in the UK might seem a bit much, but it's really about making sure your wishes are looked after, no matter what. Whether you go for a DIY approach with the government forms or get some help from a solicitor, the main thing is to get it done. It gives you and your family some peace of mind, knowing there's a plan in place. It's just a smart move for the future, really.

Frequently Asked Questions

What exactly is a Power of Attorney?

A Power of Attorney (POA) is a legal document. It lets you choose someone you trust to make decisions for you if you can't make them yourself in the future. This person is called your 'attorney'.

What does 'mental capacity' mean?

Mental capacity means being able to understand and make your own decisions. If you lose mental capacity, it means you can no longer make certain choices for yourself. A doctor or other professional will assess this.

What are the different kinds of Power of Attorney?

There are two main types of Lasting Power of Attorney (LPA): one for money and property, and another for health and care decisions. You can set up both. An Ordinary Power of Attorney (OPA) is also available, but it's only for financial matters and only works while you still have mental capacity.

How do I get the forms to set up a Lasting Power of Attorney?

You can get the forms from the Office of the Public Guardian (OPG) website or by calling them. You can fill them out yourself, but some people choose to get help from a solicitor, especially if their situation is complicated.

What are the costs involved in setting up a Lasting Power of Attorney?

The main cost is a registration fee of £82 for each LPA you register with the OPG. So, if you set up both a financial and a health LPA, it would be £164. There are discounts if you have a low income or receive certain benefits.

Who should I choose to be my attorney?

You should pick someone you trust completely to make decisions that are best for you. This could be a family member, a friend, or even a professional like a solicitor. Your attorney must be over 18 and not bankrupt if they are handling your money.