Why unpaid carers should consider power of attorney
Being a carer is a varied role, one which can carry responsibility. Whether you’re caring for a parent, partner, or friend, you, as the carer, often consistently bear the responsibility for making crucial decisions that affect the cared for’s well-being. One powerful legal tool which can ensure you’re adequately equipped going forward is, power of attorney.
What is power of attorney?
Power of attorney (POA) is a legal document that allows someone to act on behalf of another individual. This authority can cover financial matters, medical decisions, or broader personal affairs, depending on the type of POA arranged. For unpaid carers, having POA provides the legal right to make decisions when their cared for is unable to.
Four reasons to arrange a power of attorney
1. Secure decision-making
Caring for someone involves, at time, important decisions, ranging from paying bills and managing assets to consenting to medical treatments. Without POA, navigating these matters can become challenging, especially when certain parties involved demand legal authorisation
2. Future Planning
While your cared for may be fully capable now, conditions such as dementia, Alzheimer’s, or strokes can appear unexpectedly. POA ensures that you’re prepared to step in without legal hurdles if your cared for becomes unfit to make decisions.
3. Reduce family disputes
Legal documentation of POA avoids confusion or disputes within the family. It clarifies who has authority and prevents conflicts over differing opinions about care decisions.
4. Protect your cared for interest
By establishing POA, you ensure the cared for’s choices are honoured, even if they can no longer express these for themselves. For instance, you can safeguard their financial assets or follow their medical wishes.
Types of power of attorney to consider
There are different options when deciding on POA. It’s essential to understand these types:
Lasting power of attorney (LPA)
An LPA remains valid even if the donor (the person granting authority) loses mental capacity to make choices for themselves. There are two types:
1) Health and welfare LPA: For decisions about medical treatment, care, and day-to-day welfare.
2) Property and financial affairs LPA: For handling money, paying bills, managing property, and investments.
General or ordinary power of attorney
Valid only while the donor has mental capacity. This is typically used for temporary arrangements, like if the donor is abroad.
Durable power of attorney
Durable POA remains in effect after the donor loses capacity, similar to an LPA.
Key considerations when arranging power of attorney
1. Choose someone reliable
Being an attorney (the person granted authority) comes with big responsibility. Choose someone trustworthy who understands the donor’s values and wishes.
2. Understand the responsibilities
As an attorney, you’re legally obligated to act in the donor’s best interests. This includes keeping thorough records and making informed decisions.
3. Prepare for emotional challenges
Taking on POA can be emotionally taxing, especially during critical medical or financial decisions. Consider the emotional impact on your own wellbeing as you move forward.
4. Legal advice
Consult with a solicitor or legal professional to ensure the process is clear and the documents are correctly prepared. They can help tailor the POA to specific needs.
5. Communicate with the cared for
The process should have involvement from the person you care for. Sit down with your cared for to discuss their preferences, so you’re both clear in terms of their needs and expectations.
Help deciding if you should make a lasting power of attorney
Contact the Office of the Public Guardian if you need help.
Office of the Public Guardian
customerservices@publicguardian.gov.uk
Telephone: 0300 456 0300
Textphone: 0115 934 2778
Monday, Tuesday, Thursday, Friday, 9am to 5pm
Wednesday, 10am to 5pm
How to set up a POA
It is not essential to use a solicitor to create an LPA. However, it could avoid problems in the process. And there may be a level of reassurance for you and the person you care for of gaining legal advice, which is worth it. You can shop around for different quotes.
If you would like to set up a POA yourself, this is a whistle stop tour of how to. The first step is to get the LPA forms and an information pack from the Office of Public Guardian. You can download here or order them by calling 0300 456 0300.
Complete the forms. You can call the Office of Public Guardian for advice. Once the forms are complete, they need to be signed, in a particular order. All signatures must be witnessed.
Finally, register the LPA with the Office of the Public Guardian.
Conclusion: a vital tool for unpaid carers
Power of attorney is not just about legality; it’s about being equipped to make the best decisions for your cared for. For unpaid carers, this arrangement provides peace of mind, clarity, and being prepared for life’s uncertainties. It’s a step toward ensuring their well-being, safeguarding their interests, and peace of mind for you to care effectively.
Remember, the process is about trust, working together, and planning for the future. Don’t wait for a crisis; take the time to explore and establish power of attorney today. Your journey as a carer will be smoother knowing everything is in order, when the time comes. For more impartial information, take a look here.
