Managing someone's affairs

This is a way of enabling someone to act with legal authority to make decisions on your behalf should you be unable to. It involves following steps to set up a legal document to grant this authority and there are several different types of power of attorney you can choose.

In England and Wales

There are two main types:

• Lasting Power of Attorney (LPA) – for Health and Welfare (can only be used when someone has lost their ability to make their own decisions, known as ‘mental capacity’)
  
  
• Lasting Power of Attorney (LPA) – for Property and Financial Affairs (can be used before the person loses their ability to make their own decisions, if they wish)

In Scotland

There are two main types:

• Power of attorney for property and financial affairs – also known as a ‘continuing power of attorney’ (can be used before the person loses their ability to make their own decisions, if they wish
• Power of attorney for welfare - can only be used when someone has lost their ability to make their own decisions, known as 'mental capacity'

In Northern Ireland

There is one main type:

• An Enduring Power of Attorney can be given for property and financial affairs.
  
  
• Unlike in other parts of the UK, it is not possible to set up a health and welfare power of attorney in Northern Ireland. (It can be used immediately unless otherwise specified in the document.)
  
  
  

A lasting power of attorney can ensure that a person’s wishes are respected, should they be in a position where they are no longer able to express their own wishes directly.

It can provide clarity in emergencies and can avoid stressful decision-making at a time of crisis. It can also help to overcome certain barriers when dealing with professionals at an already difficult time.

Anyone who is 18 or over and has mental capacity can make a power of attorney even if they have specialist needs. You can apply here https://www.gov.uk/power-of-attorney 

The Office for the Public Guardian have FAQs and a guide to help here: Your questions answered: Completing forms – Office of the Public Guardian

In England and Wales, it costs £82 to register each type of lasting power of attorney. In Scotland, it involves an application fee of £96 to register each. The cost to register an Enduring Power of Attorney in Northern Ireland is currently £180.

There may be additional costs if you need to amend the forms or if you choose to use a solicitor to help complete them. Their fees can also vary.

Are any discounts available?
If you are on a low income, it may be possible to apply for a discount or exemption.

You can see if you are eligible by applying to the Office of the Public Guardian, the authority that oversees lasting power of attorneys: https://www.gov.uk/government/publications/power-of-attorney-fees. In Scotland, visit: Fee exemption.

If using a solicitor, in Scotland, you can see if you qualify for legal aid here: Eligibility estimators - Scottish Legal Aid Board

In Northern Ireland, visit: https://www.nidirect.gov.uk/articles/legal-aid

And in England and Wales, visit: https://www.gov.uk/legal-aid

Can I get this in an alternative format?
Yes – you can email: customerservices@publicguardian.gov.uk and include your name, address and telephone number to request the document in large print.

There are many legal and specialist terms used in this process that may not be very clear to many of us.

The Office for the Public Guardian have developed a jargon buster to help here: https://publicguardian.blog.gov.uk/2023/07/27/tackling-our-terminology/