How to get power of attorney for elderly parents: A step by step guide

A power of attorney allows your parent to legally appoint someone they trust to make important decisions on their behalf if they become unable to do so themselves. Arranging a power of attorney early can help avoid legal complications, reduce family stress, and ensure your loved one’s wishes are respected.

In this step by step guide, we’ll explain how to get power of attorney for ageing parents, the different types available in the UK and the steps involved in setting one up.

What is a power of attorney?

A power of attorney is a legal document that gives another person the authority to make decisions on your behalf.

In England and Wales, the most common form is a Lasting Power of Attorney (LPA). This allows an individual (known as the donor) to appoint one or more trusted people (known as attorneys) to act for them if they lose mental capacity or need support managing their affairs.

For many families, setting up a lasting power of attorney for elderly parents is a vital part of future planning.

Why is power of attorney important for ageing parents?

Many people assume that spouses or adult children automatically have the legal right to make decisions for an elderly relative. Unfortunately, this is not the case.

Without a valid Power of Attorney, family members may be unable to:

• Access bank accounts
• Manage property or financial matters
• Make healthcare decisions
• Arrange care services
• Deal with pensions and benefits

If your parent loses mental capacity before a power of attorney is in place, you may need to apply to the Court of Protection, which can be expensive and time-consuming.

Creating a Power of Attorney before it becomes necessary can save significant stress and ensure decisions are made by someone your parent trusts.

Types of lasting power of attorney in the UK

Property and financial affairs lasting power of attorney

This type of LPA allows an attorney to manage financial matters such as:

• Paying bills
• Managing bank accounts
• Handling investments
• Selling property
• Managing pensions and benefits

This can be used with your parent’s permission while they still have mental capacity or later if capacity is lost.

Health and welfare lasting power of attorney

A Health and Welfare LPA covers decisions relating to:

• Medical treatment
• Care home arrangements
• Daily care needs
• Living arrangements
• Life-sustaining treatment decisions

This type of Power of Attorney can only be used if the donor loses mental capacity.

When should you get power of attorney for elderly parents?

The best time to arrange a lasting power of attorney (LPA) is before it is urgently needed.

Many families delay the process until a parent develops dementia, suffers a stroke or experiences a significant health decline. Unfortunately, if your parent no longer has the mental capacity to understand the document, it may be too late to create an LPA.

Early planning gives your parent full control over who they appoint and how decisions should be made.

How to get power of attorney for an elderly parent

Step 1: Discuss the need for a power of attorney

Start by having an open and respectful conversation with your parent and explain that a power of attorney is not about taking away independence. Instead, it provides protection and ensures their wishes can be followed if circumstances change in the future.

Step 2: Choose the right attorney

Your parent can appoint:

• An adult child
• A spouse or partner
• A relative
• A trusted friend
• A professional adviser

The attorney should be reliable, organised, trustworthy, and willing to act in your parent’s best interests.

Step 3: Complete the lasting power of attorney forms

The application process requires specific legal forms to be completed accurately.

Information typically includes:

• Details of the donor
• Details of the attorney(s)
• Instructions and preferences
• Signatures from all parties
• Witness certification

Errors can delay registration, so many families choose professional assistance to ensure everything is completed correctly.

Step 4: Register the power of attorney

A lasting power of attorney must be registered before it can be used. This involves submitting the completed forms to the relevant authority and paying the applicable registration fee.

Processing times can vary, which is another reason to begin the process well before an emergency arises.

Step 5: Keep the registered documents safe

Once approved, store the original documents securely and ensure attorneys know where they are kept.

You may also need certified copies for banks, healthcare providers, care agencies and other organisations.

Benefits of arranging power of attorney early

Setting up a lasting power of attorney before it is needed offers several advantages:

• Greater Control: Your parent chooses who will make decisions on their behalf.
• Reduced Family Stress: Important decisions can be made quickly when required.
• Financial Protection: Attorneys can manage finances efficiently if your parent becomes unable to do so.
• Peace of Mind: Everyone involved understands your parent’s wishes and legal arrangements.

Frequently Asked Questions about Power of Attorney

Can I get power of attorney without my parent’s consent?
No. Your parent must voluntarily agree to create the document and have the mental capacity to understand it.

How much does a lasting power of attorney cost?
Costs vary depending on whether you complete the process yourself or seek professional legal assistance. Registration fees may also apply.

Do I need a solicitor to set up power of attorney?
A solicitor is not legally required, but professional advice can help ensure the application is completed correctly and without delays.

What happens if there is no power of attorney?
If your parent loses mental capacity without a power of attorney in place, family members may need to apply to the Court of Protection to gain legal authority to manage their affairs.

Can you get power of attorney for a parent with dementia?
One of the most common questions families ask is whether they can obtain power of attorney for a parent with dementia. If your parent still has mental capacity and they can still understand the nature and effect of the document, they may be able to proceed.

If mental capacity has been lost, it is no longer possible to create a Lasting Power of Attorney. In these circumstances, family members may need to apply to the Court of Protection for a deputyship order, which is often a longer and more costly process.

Need help arranging care for an elderly parent?

While a Lasting Power of Attorney can help you manage important financial and healthcare decisions, many families also need support arranging care. If you’re exploring home care options for an ageing loved one, the team at Novus Care can provide guidance on personalised care arrangements designed to help individuals remain safe, comfortable and independent in their own homes.

Call:  0800 138 4030 or email: [email protected]