Moving a parent into a care home is a significant decision, both emotionally and legally. One of the most crucial aspects to address before this transition is Power of Attorney (POA). Having the right legal authority ensures that financial, medical, and personal decisions can be managed smoothly if your parent becomes unable to make them independently.
Understanding how POA works, what types exist, and when to set it up can prevent legal complications and make the transition to a care home more manageable.
What is Power of Attorney and Why Does It Matter?
Power of Attorney is a legal document that allows a trusted person (the attorney) to make decisions on behalf of another individual (the donor). This becomes particularly important when a parent moves into a care home, as decisions regarding their finances, property, and healthcare may need to be handled by a family member.
Without a POA in place, accessing a parent’s finances, selling property to fund care, or making medical decisions can become legally challenging. In such cases, family members may need to apply for a Court of Protection order, which is a time-consuming and costly process.
Types of Power of Attorney in the UK
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There are two main types of POA in the UK:
Lasting Power of Attorney (LPA) – This is the most common type and covers both financial decisions and health & welfare decisions. It remains valid even if the donor loses mental capacity.
Ordinary Power of Attorney – Used for short-term financial management, this type is valid only while the donor has mental capacity.
Many families opt for an LPA to ensure long-term protection, particularly when planning for care home arrangements.
When Should You Set Up a Power of Attorney?
It is advisable to arrange a Power of Attorney as early as possible, ideally before a parent moves into a care home. Once mental capacity is lost due to conditions like dementia, setting up an LPA is no longer an option, and legal intervention through the Court of Protection becomes necessary.
The process involves choosing a trusted attorney, completing official forms, and registering the POA with the Office of the Public Guardian (OPG), which can take several weeks.
How Much Does a Power of Attorney Cost?
The cost of setting up a Lasting Power of Attorney in the UK includes:
| Service | Cost |
|---|---|
| Registering each LPA | £82 per document |
| Applying for both Financial & Health LPAs | £164 |
| Reduced fee for low income | £41 |
| Legal assistance (optional) | £300 - £600 |
Some families choose to complete the process themselves using gov.uk forms, while others seek legal advice to ensure accuracy and compliance.
What Happens If There is No Power of Attorney?
If a parent loses mental capacity and no POA is in place, family members must apply to the Court of Protection to become a deputy. This process is significantly more expensive and time-consuming than setting up an LPA in advance.
A deputyship application costs £371, and additional fees may apply if a hearing is required. Managing a parent’s finances and care arrangements without an LPA can lead to delays in care home payments, difficulties selling property, and restricted decision-making on medical treatment.
Final Thoughts
Having a Power of Attorney in place before moving a parent into a care home is crucial for avoiding legal obstacles and ensuring smooth financial and healthcare decision-making. It is best to arrange an LPA early, while your parent still has mental capacity, to prevent complications in the future.
If you need guidance on care home funding, financial planning, or finding the right care home, Senior Home Plus provides expert advice.
Need Help Navigating Care Home Arrangements?
Visit Senior Home Plus for professional support on care funding and legal planning.
FAQ: Power of Attorney and Care Homes
Do I need Power of Attorney before moving a parent into a care home?
Yes, having POA in place allows you to handle financial and healthcare decisions without legal obstacles. Without it, accessing funds or making medical choices can be difficult.
Can I get Power of Attorney if my parent has dementia?
If your parent still has mental capacity, they can grant you POA. If capacity is lost, you must apply for a deputyship through the Court of Protection.
How long does it take to set up a Power of Attorney?
Registering an LPA with the Office of the Public Guardian can take up to 10 weeks. It is best to apply as early as possible.
What if my parent refuses to set up a POA?
If a parent is unwilling, discussing the benefits and implications of not having one may help. If they refuse and later lose capacity, legal intervention will be required.
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