As our parents age, it may become necessary to make decisions on their behalf, particularly if they become unable to do so themselves. Obtaining Power of Attorney (PoA) is a legal process that allows you to manage their affairs, such as finances and health care. Here is a step-by-step guide on how to get Power of Attorney for ageing parents in England.
1. Understand the Types of Power of Attorney
There are two main types of Power of Attorney in England:
You can choose to apply for one or both types, depending on your parent’s needs.
2. Discuss with Your Parents
It is important to have an open and honest conversation with your parents about their wishes. They must agree to grant you Power of Attorney while they still have the mental capacity to make this decision. Discuss what being an attorney involves, the types of decisions you may need to make, and why it is important.
3. Complete the Application Forms
You can obtain the necessary forms from the UK Government website or by requesting them by post. You will need to complete the LPA form (LPA PA1 for financial affairs and LPA PA2 for health and welfare). You will also need a Certificate Provider, who confirms that your parent understands the LPA and has not been pressured into signing it. The Certificate Provider must be someone who knows your parent well or a professional such as a GP or solicitor.
4. Register the Power of Attorney with the Office of the Public Guardian (OPG)
The LPA must be registered with the Office of the Public Guardian before it can be used. You will need to send the completed forms, along with the registration fee (currently £82 per LPA), to the OPG. The registration process typically takes between 8 to 10 weeks. It’s advisable to do this as soon as possible, as the LPA is not valid until it is registered.
5. Notify Relevant Parties
Once the LPA is registered, notify any relevant parties, such as your parent’s bank, GP, or care provider. They may require a copy of the registered LPA for their records.
6. Start Using the Power of Attorney
Once the LPA is registered, you can start using it to make decisions on behalf of your parent. Make sure to keep detailed records of any decisions made, especially those involving financial transactions, as you may need to provide evidence that you have acted in their best interests.
Obtaining Power of Attorney for ageing parents is a crucial step in ensuring their wishes are respected and their affairs are managed properly. It involves careful planning, clear communication, and a formal legal process. By following these steps, you can ensure that you are prepared to support your parents in their later years.
