Introduction to paying for care in Buckinghamshire

Lasting Power of Attorney

A power of attorney is a person who has the authority to act for another person in specified or all legal or financial matters.

As you get older, or become ill, you may find it harder to cope with day-to-day decisions. An attorney can help with these things and look after your interests for you.

If you are able to make decisions for yourself, your attorney can only help you by giving suggestions. They cannot tell you what to do. If you agree, they can do things for you, but they must still do what you want.

If you can no longer make your own choices, then an attorney can make decisions for you, but they must always act in your best interests.

Attorneys and deputies are people who can help you to make important decisions about your property and your finances. They can also help you with important decisions about your health and welfare.

An attorney is someone you trust who agrees to help you to make important decisions. You can choose your own attorneys: relatives, friends or a professional.

If they agree, they sign a legal form which then allows that person to become your attorney. This is called a Lasting Power of Attorney. You can appoint an attorney at any time whilst you can make your own decisions.

If you lack the ability to make decisions known as ‘capacity’, the Court of Protection might appoint somebody to make these decisions for you, called a Deputy.

Lasting Powers of Attorney

There are two types of Lasting Powers of Attorney:

one for property and affairs, which includes financial decisions, and
one for health and welfare decisions.

The Lasting Power of Attorney for property and affairs can be used as soon as it is registered, but only if you agree to it.

The Lasting Power of Attorney for health and welfare can only be used when you are not able to make your own decisions.

Both need to be registered with the Office of the Public Guardian before they can be used.

you need to pay a fee to make a Lasting Power of Attorney, but you can ask for a lower fee or exemption if you get some benefits or earn less than £12,000.
you can get a solicitor to help you make a Lasting Power of Attorney, they can tell you and make sure you know what it means. But you can set it up yourself using the online process.
you can change attorneys or cancel a Lasting Power of Attorney at any time if you have the mental capacity to make this decision.

The Court of Protection is a court that makes sure that attorneys and deputies do not break the law. It also helps to

make sure that people are protected from abuse by an attorney or a deputy.
make decisions about what is best for someone who is not able to make their own decisions.
appoints deputies for people who are unable to make their own decisions and who have no one to help them.

To find out more about attorneys and setting up a Lasting Power of Attorney, either call the Office of the Public Guardian on 0300 456 0300. This is a free call. Or Visit the Government website.

Introduction to paying for care in Buckinghamshire

Lasting Power of Attorney

Attorneys and Deputies

The Office of the Public Guardian

The Court of Protection

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