What is a Power of Attorney and Why Might You Need One

As we get older, planning for the future becomes more important, especially when it comes to making decisions about our health, finances and future care. 

One of the best ways to ensure your wishes are respected is by setting up a power of attorney (PoA). But what does it really mean and when should you get one?

In this article, we break down the essentials of power of attorney, the types available in the UK and why arranging one now can save stress and confusion later. 

What Does Power of Attorney Mean?

A power of attorney is a legal document that allows someone you trust (called your attorney) to make decisions on your behalf, if you’re no longer able to do so yourself.

This could be due to illness, an accident, dementia or simply needing some help in managing your affairs. You’ll stay in control as long as you’re mentally capable, but your attorney can step in if and when needed.

Why is Having a Power of Attorney Important?

Without a power of attorney in place, your loved ones won’t automatically be able to make decisions for you, even if they’re your partner, child or close family member.

If you lose mental capacity and haven’t set up a power of attorney, your family may have to apply to the Court of Protection. This process can be expensive, time-consuming and stressful.

Setting up a power of attorney now protects your future and gives your family the legal tools they might need to support you later on.

What is Mental Capacity?

The term ‘mental capacity’ is often used in medical and legal practice and is a really important concept

Mental capacity refers to a person’s ability to understand information and make decisions about their own life.

It’s quite complex and there are a range of parameters used by health care professionals to assess capacity.

A person lacks capacity if they’re not able to understand and make a decision for themselves because of an impairment or disturbance in the functioning of the mind or brain according to the Mental Capacity Act 2005.

This can be temporary or permanent due to things like dementia, learning disabilities, brain injuries, being in a coma or mental health issues. These are the kinds of situations where having a power of attorney in place is crucial.

Types of Power of Attorney in the UK

There are two main types of Lasting Power of Attorney (LPA) in England and Wales:

1. Health and Welfare LPA – Your attorney can make decisions about: 

• • Your daily care (e.g., washing, dressing, eating)
  • Medical treatment
  • Where you live
  • Life-sustaining treatment (if you give permission)

2. Property and Financial Affairs LPA – Your attorney can manage:

• • Your bank accounts and bills
  • Pensions and benefits
  • Property and investments
  • Buying or selling your home

You can choose to appoint one or both types, and the roles can be held by the same or different people.

When Should I Set Up a Power of Attorney?

It’s a common misconception that power of attorney is just for people who are already ill or elderly. 

But the fact is that you can only set one up while you still have mental capacity. 

That’s why it’s a good idea to put it in place sooner rather than later. It doesn’t mean relinquishing your control, it just means you’re prepared for the future.

How to Choose Your Attorney

Your attorney must be:

• Over 18 and mentally capable
• Someone you trust to act in your best interests
• Willing and able to take on the role

It could be your partner, family member, friend or even a professional like a solicitor. It’s a big decision so make you talk to them beforehand and talk through any questions or concerns you both may have.

How to Apply for Power of Attorney

You can apply online via the Office of the Public Guardian or by post.

You’ll need to:

• Fill in the LPA form(s) and register with the OPG
• Get signatures from you, your attorneys, and witnesses
• Appoint a certificate provider: someone you’ve known for at least 2 years or a professional who can confirm you understand the LPA and are not under pressure to make it 
• Pay £82 per form (total £164 if doing both types)

The OPG aims to register an LPA within 8 to 10 weeks. The LPA only becomes valid once registration is complete. 

If you’re on a low income or receive benefits, you could be eligible for a reduction or exemption of the registration cost. 

What Happens If I Don’t Have One?

If you lose mental capacity without a PoA, your loved ones will need to apply for a deputyship order through the Court of Protection.

This process:

• Is more expensive
• Takes longer
• Involves annual reporting and monitoring

How HelpAlert Can Help

At HelpAlert, we believe staying independent should never mean facing life alone. Our monitored personal alarms provide 24/7 UK-based support, automatic fall detection, and GPS protection both at home and outdoors, helping people live more confidently while giving families extra peace of mind.

Whether it’s a trip to the shops, a walk with the dog, or simply living independently at home, help is always just the press of a button away.

If you’d like to see how the service works, we offer a 14-day trial with no long contracts and only a small postage charge to get started.

Call our friendly UK Care Team on 01273 055049 or explore our monitored alarm range below to find the right option for you or your loved one.