Lasting powers Of Attorney for Carers

An estimated five million people in England and Wales have unpaid caring responsibilities. Research conducted by Carers UK indicates that most individuals who provide care or support to a loved one assist in managing various aspects of their affairs. This may include tasks such as booking doctor’s appointments, arranging care, or overseeing finances.

Carers can be either paid or unpaid, working with clients, family members, or friends who are ill, frail, disabled, or facing mental health or addiction issues. Many carers often find themselves worrying about what the future holds. Despite this concern, not enough carers and those they care for take the important step of setting up a Lasting Power of Attorney (LPA). An LPA is crucial because it grants the carer the authority to act in the best interests of the person they care for if that individual loses the capacity to make decisions for themselves.

For anyone caring for a disabled, older, or ill relative or friend, life can be quite hectic. In addition to providing emotional support, caregivers typically manage appointments, medication needs, and various day-to-day essentials for the person they are caring for. Without formal arrangements in place, there can be significant barriers when trying to deal with organizations or professionals on behalf of the person in their care, complicating an already challenging situation. Establishing a Lasting Power of Attorney (LPA) can help alleviate these difficulties.

In a recent YouGov survey commissioned by Carers Trust, 82% of respondents had not made an LPA. Of those who had made provisions, few realised the importance of having both a ‘Property and Financial Affairs’ LPA, which gives someone the power to act on your behalf to make decisions about your property and financial affairs, and a 'Health and Welfare' LPA, which means that someone else has the power to make decisions about your personal welfare and healthcare when you are unable to do so.

Carers have spoken of their concerns that completing an LPA can be complicated, time-consuming and expensive. While it is true that it takes a little time and a cost is involved, carers have told us that the benefits outweigh the cost in terms of time, money, and stress later on. OPG has reduced the cost of registering an LPA and people on low incomes can apply for an exemption or reduction of the full fee.

Carer speaking about their experience; “This [LPA] should be a priority right at the start. Without a lasting power of attorney you cannot do anything. Everyone should be informed about both types of LPA, financial and health, from their 40th birthday. It was too late to get power of attorney by the time diagnosis was given to Dad, which caused problems and financial hardship. We were unable to access his savings account when he needed a ramp to get outside, and had to use a credit card for expenses which, obviously, cost more.”

Having an LPA in place to appoint a carer as an attorney for the person they care for has vital practical, as well as emotional, implications. It allows the carer to carry out the wishes of the person they care for when it comes to their treatment and care, gives access to the person’s finances to pay for equipment, adaptations and formal support; as well as helping to safeguard against fraud. Having an LPA in place helps to include the carer and enables them to feel more confident in what may at first feel like an overwhelming situation, such as making decisions about residential care and end of life care.

A health and welfare LPA can’t be used until it’s proven that the person has lost mental capacity. A property and finance LPA can either be used when a person has lost mental capacity, or while a person still has capacity, with their permission, e.g. if they would like somebody to collect their benefits/pension or pay their bills on their behalf.

Quotes from the front line.

Alison has much experience caring for both of her parents. She says:  

“With regard to the issue of dealing with service providers on behalf of your loved one, the single biggest help by far is having an LPA in place. When my mum died suddenly and my siblings and I took on Dad’s care, having an LPA was invaluable - without it a stressful situation would have been ten times worse. “I have an LPA for myself as well, even though I hope it won't be needed for a good few years yet!”  

Ruth Duffin, Public Guardian and CEO of Office of the Public Guardian.

"A Lasting Power of Attorney doesn't just offer peace of mind—it empowers individuals to take control of their futures. We've partnered with Carers UK to deliver an informational session to explain how LPAs can provide lasting reassurance for both carers and their loved ones." 

Emily Holzhausen CBE, Director of Policy and Public Affairs at Carers UK, said: 

“For unpaid carers, having an LPA in place can bring vital reassurance – knowing you have the legal authority to support and act in the best interests of the person you care for, if they’re ever unable to make decisions for themselves. Talking about future care, finances or medical wishes can be difficult and overwhelming. But having those discussions early can make a real difference for carers, providing clarity when it’s needed most.”

Jenny (Carer) said: 

My husband and I discussed everything when he first had a diagnosis. We recorded his wishes and put an LPA in place before he lost the capacity to make decisions. It gives me such peace of mind; I know what he would want, and it means the family and professionals are also aware, therefore, there are no problems.

This article is a rewritten work and contains public sector information licensed under Open Government Licence V3.0. Also, special thanks to Carers Trust who offer a valuable service supporting carers in the UK.