Life can be unpredictable, and there may come a time when you need someone to manage your affairs temporarily or permanently. Whether it’s paying your bills while you’re in the hospital or planning ahead in case of a long-term illness like dementia, having a power of attorney in place ensures that your affairs are handled the way you want.
If you’re unsure how to obtain a power of attorney, don’t worry – The Will Centre in Plymouth is here to help. Our expert legal team provides friendly, professional advice tailored to your personal circumstances.
What is a Power of Attorney?
A power of attorney is a legal document that allows you (the ‘donor’) to appoint someone (the ‘attorney’) to make decisions on your behalf. This can cover a range of responsibilities, from managing your finances to making critical healthcare decisions if you’re unable to do so.
Many people assume they’ll never need a power of attorney, but life has a way of surprising us. If you’re considering how to obtain a power of attorney, it’s wise to explore your options early to ensure your affairs are managed by someone you trust.
Types of Power of Attorney
Before diving into how to obtain a power of attorney, it’s important to understand the types available:
1. Lasting Power of Attorney (LPA)
An LPA gives someone the authority to make decisions on your behalf if you lose mental capacity. There are two types:
- Health and Welfare LPA:
This covers decisions about:
- Your daily routine (washing, dressing, eating)
- Medical care and treatment
- Moving into a care home if needed
- Life-sustaining treatment
A Health and Welfare LPA can only be used if you lose the ability to make your own decisions.
- Property and Financial Affairs LPA:
This covers decisions about:
- Managing your bank account
- Paying your bills and mortgage
- Collecting benefits or pensions
- Selling your home if necessary
A Property and Financial Affairs LPA can be used with your permission while you still have mental capacity or after you lose it.
To learn more about the different types of power of attorney and their legal implications, visit the official UK Government Power of Attorney guide.
2. Ordinary Power of Attorney
This type of Power of Attorney is temporary and useful if you’re able to make decisions but need someone to manage certain aspects of your affairs for a limited period – for instance, during a hospital stay.
3. Enduring Power of Attorney
EPAs were replaced by LPAs in 2007 in England and Wales but are still valid if created before that date. EPAs only cover financial decisions.
Why You Should Set Up a Power of Attorney Now
Many people put off setting up a power of attorney because they assume they won’t need one anytime soon. But life is unpredictable. By putting everything in place now, you can ensure that your loved ones can act in your best interests when the time comes.
At The Will Centre, we often see clients who come to us after a loved one has already lost mental capacity. Unfortunately, at that stage, it’s too late to set up a power of attorney, and the family has to go through the more complex and time-consuming process of applying for a deputyship.
- Plan Ahead: Setting up a power of attorney while you’re still in good health ensures that you have control over who manages your affairs.
- Avoid Stress for Loved Ones: Your family won’t have to navigate complex legal processes if something happens to you.
- Peace of Mind: You’ll know that your wishes will be followed, and your affairs will be handled by someone you trust.
By understanding how to obtain a power of attorney early, you can simplify the process and avoid unnecessary stress for your family.
How to Obtain a Power of Attorney
If you’re wondering how to obtain a power of attorney, here’s a simple, step-by-step process:
Step 1: Choose Your Attorney
Choose someone you trust to act in your best interests. This can be a family member, close friend, or a professional. You can appoint more than one attorney if you prefer.
Step 2: Complete the Necessary Forms
To create a lasting power of attorney, you’ll need to fill out the correct forms:
- Form LP1F – For property and financial affairs.
- Form LP1H – For health and welfare.
Pro Tip: Our legal team at The Will Centre can assist you with filling out these forms to ensure accuracy and avoid unnecessary delays.
Step 3: Sign and Witness the Forms
You and your attorney(s) must sign the forms in the correct order and have them witnessed.
Step 4: Register with the Office of the Public Guardian
The forms must be registered with the Office of the Public Guardian before they can be used. This process can take 8 to 10 weeks if there are no errors.
Why Choose The Will Centre to Set Up Your Power of Attorney?
While it’s possible to set up a power of attorney on your own, working with a professional can save you time and prevent costly mistakes. At The Will Centre, we provide expert guidance based on your individual circumstances, ensuring that the process is smooth and legally sound.
Why Our Clients Trust Us:
- Personalised Advice: We take the time to understand your situation and offer tailored solutions.
- Expert Knowledge: Our team has years of experience in handling LPAs and other legal documents.
- Prevent Costly Errors: Mistakes in the application can delay registration. We’ll make sure everything is done correctly the first time.
- Ongoing Support: We’re here to answer your questions even after the LPA is in place.
When Might You Need a Power of Attorney?
A power of attorney can be useful in various situations, such as:
Hospital Stays: If you’re hospitalised for an extended period and need someone to manage your finances.
Dementia Diagnosis: Planning ahead to ensure your affairs are managed as your condition progresses.
Travel or Absence: If you’re going away for a long period and need someone to manage your property or finances.
Whatever your situation, The Will Centre is ready to provide expert advice and guidance on setting up the right power of attorney for your needs.
Don’t Wait! Protect Your Future Today
Understanding how to obtain a power of attorney is the first step in safeguarding your future. Whether you need a temporary solution or are planning for long-term care, The Will Centre in Plymouth is here to help.
Contact us today for expert advice on setting up your power of attorney.
Let us help you take control of your future – before life takes control of you.
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