When a parent needs care, someone has to deal with their money, the house and the care home contract. Without a lasting power of attorney, the family may not legally be allowed to.
What a lasting power of attorney does
A lasting power of attorney (LPA) lets people you choose make decisions for you if you can't. There are two kinds: one for property and financial affairs and one for health and welfare. They have to be registered before they can be used.
If there isn't one
Once someone has lost the capacity to make decisions, it's too late to make an LPA. The family usually has to apply to the Court of Protection to become a deputy. That can take many months, costs more and involves ongoing supervision, all while care decisions need to be made and fees need paying.
Why it matters for care fees
- Someone needs authority to sell or rent out the home, or agree a deferred payment.
- Banks may freeze accounts if the account holder can't give instructions.
- Decisions about which care home, and when, may need to be made quickly.
For couples
Being married doesn't give you automatic authority over your spouse's money or share of the home. Each person needs their own LPAs.
Don't have LPAs in place? They're one of the simplest and most valuable things a family can do. Speak to a specialist.
Frequently asked questions
What happens if there is no power of attorney?
If someone can no longer make decisions, the family may need to apply to the Court of Protection to be appointed as deputy before they can deal with that person's money or property. It takes months and costs more.
Can a power of attorney be made after dementia is diagnosed?
Possibly, if the person still has capacity to understand what they're signing. Once capacity has gone, it's too late.
What are the two types of lasting power of attorney?
One covers property and financial affairs. The other covers health and welfare, including care decisions. Many people make both.
Talk to a specialist
Tell us a little about your situation and a specialist will call you back, usually within one working day. No obligation, and we know these conversations can be difficult.