How to Get Power of Attorney for Elderly Parents

As difficult as the possibility is to confront, your parents may not always be able to make their own decisions.

That’s why power of attorney is such a necessary conversation. No one wants to think about the worst possible outcomes of the future, but it’s the best way to protect your family member’s health, welfare and financial affairs.

With Lasting Power of Attorney, you are able to make decisions on behalf of others in later life if they are no longer able to do so for themselves.

In this article, we’ll explore the different types of Lasting Power of Attorney and how to secure attorney status.

What is Lasting Power of Attorney?

Lasting Power of Attorney is when a person nominates an individual or individuals to make decisions for them when they themselves are no longer able.

This must be assigned before the donor (the person giving Lasting Power of Attorney) loses mental capacity and ability to make their own decisions.

Two types of power of attorney

There are two different types of Lasting Power of Attorney, detailed below.

When nominating an attorney, the donor – in this case, the parent – may choose to nominate a single individual for both roles, or allocate them to different people.

They may also choose to share the role amongst multiple individuals, and give them each the power to make individual decisions on the donor’s behalf (severally) or require them to make decisions together (jointly).

Health and welfare LPA

Under this type of LPA, the attorney is able to make decisions about the donor’s daily routine, such as washing, dressing and eating, as well as medical care, moving into a care home, and whether or not they receive life-sustaining treatment.

This may only be used when the donor is unable to make their own decisions.

Financial affairs LPA

With a property and financial affairs LPA, the attorney may make decisions around bank or building society accounts, paying bills, collecting benefits and/or pensions and the sale of property.

This may be used as soon as Lasting Power of Attorney is registered, with the permission of the donor if they are still able to make their own decisions.

Court of Protection

If an elderly parent loses mental capacity for decision-making before nominating a Lasting Power of Attorney, you will need to apply to the Court of Protection to be nominated a deputy.

That’s why it’s best to secure Lasting Power of Attorney while the person is still capable of making those decisions.

How to get Lasting Power of Attorney

Nominating a Lasting Power of Attorney requires the completion of forms which must be submitted to the Office of the Public Guardian.

This takes 8-10 weeks if the completed forms are correct – as any errors may cause delays. If you are unsure, the assistance of a solicitor can help to ensure that the process is completed as quickly and effectively as possible.

Our expert legal team can assist with the process – get in touch today to find out how we can help.