The Importance of Power of Attorney, a simple guide for seniors and their families

Planning for the future can feel overwhelming, but one of the most valuable steps older adults can take is setting up a Power of Attorney (POA). It is a practical tool that can protect your wishes, reduces stress for loved ones, and ensures important decisions are made by someone you trust. Yet many seniors delay creating one until their health declines, which can make the process far more complicated.

Here, I will explain the importance of promptly establishing a Lasting Power of Attorney (LPA), as it can significantly impact individuals. Additionally, I will outline how the legal framework supports seniors and their families in feeling secure and well-informed.

The legislation in England and Wales is explicit: every adult is assumed to possess mental capacity unless demonstrated otherwise. This is articulated in section 1(2) of the Mental Capacity Act 2005 (MCA 2005). Nonetheless, capacity can fluctuate over time. Factors such as dementia, stroke, sudden illness, or even brief hospital stays can impair an individual’s decision-making abilities. If a person loses their capacity before establishing a Power of Attorney, their family members cannot automatically intervene. Instead, relatives may need to seek a deputyship order from the Court of Protection, a procedure that is more time consuming, costly, and stressful.

By creating a Power of Attorney while you are healthy and competent, you maintain complete control. You determine who will represent and act on your behalf, and you can clearly specify your wishes.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document created under section 9 of the Mental Capacity Act 2005, which enables you to designate a trusted individual, referred to as your “Attorney”, to make decisions on your behalf should you subsequently lose mental capacity.

There are two primary types: The Property and Financial Affairs LPA, which empowers an attorney to perform tasks such as settling bills, managing bank accounts, collecting pensions, overseeing investments, or even selling property if required; and the Health and Welfare LPA, which activates only after capacity is lost and pertains to decisions regarding medical treatments, care arrangements, daily routines, and, if explicitly allowed, life sustaining treatment. Under section 10 of the MCA 2005, you decide the extent of your attorney’s powers, ensuring you stay in control of what they can and cannot do.

Some individuals are concerned that granting authority to another person equates to relinquishing control; however, the law offers strong safeguards to protect you. You maintain complete control as long as you possess the capacity, and you have the ability to modify or revoke your lasting Power of Attorney (LPA) at any point, provided you still comprehend the decision. Attorneys are also restricted in their actions: they are prohibited from creating or altering your will, cannot make substantial gifts without authorization, and must always operate within the powers you have decided to bestow upon them. Most crucially, attorneys are obligated to act in your best interests, they take into account your wishes, feelings, values, previous preferences, cultural or religious beliefs, the least restrictive option, and the opinions of close family and friends. These protections guarantee that any decisions made on your behalf continue to honor your dignity, independence, and personal choices.

Opening the Conversation with Loved Ones

Discussing a Power of Attorney can be a sensitive subject, particularly when it relates to health, autonomy, or future care needs. Many families put off the discussion until a crisis makes it unavoidable, but starting early helps prevent confusion, conflict, and stress later.  Approaching the topic gently can make all the difference, For example, you might say that you want your wishes to be clear no matter what happens, that arranging an LPA will make things easier for your family in the long run, or that this is about being prepared rather than expecting anything to go wrong. Open, honest communication helps everyone feel more confident, respected, and reassured about the future.

How to Create a Power of Attorney

Creating an LPA is more straightforward than many people expect:

• Start with choosing your attorneys, pick someone that is trustworthy, organised, and able to act in your best interests.

• Complete the official LPA forms, which is available online or in print from the government website. [Office of the Public Guardian]

• Have them signed and witnessed, you will also need a “certificate provider” someone who confirms you understand the document and are not being pressured.

• Register the LPA, it must be registered with the office of the public Guardian before it can be used. [a fee might be applicable]

Once registered, the LPA is legally valid and ready if you need it.

A Power of Attorney is not about giving up control, it is about ensuring your voice remains heard. By arranging one early, you protect your autonomy, reduce stress for your loved ones, and ensure decisions reflect your values.

Whether you are planning for your own future or supporting an older family member, understanding the law and acting early can make all the difference. A Lasting Power of Attorney is one of the simplest, most powerful steps seniors can take to secure their wellbeing and peace of mind.

Disclaimer: Please be advised that we are law students and not licensed to give legal advice. These posts are made for educational and informational purposes only. This should not be interpreted as legal advice. For guidance on a specific legal issue you may have, please contact a licensed legal professional (i.e., Barrister or Solicitor).

Written By: Reem Jabbar - Blog Writer for Senior Solutions Project

References:

Mental Capacity Act 2005, ss.1, 4, 9–12.  Available at: https://www.legislation.gov.uk/ukpga/2005/9/contents

Office of the Public Guardian, Make, register or end a lasting power of attorney (GOV.UK). Available at:  https://www.gov.uk/power-of-attorney

Age UK, Factsheet 22: Powers of Attorney.  Available at: https://www.ageuk.org.uk/information-advice/money-legal/legal-issues/powers-of-attorney/

NHS, “Lasting power of attorney,” NHS.uk. Available at: https://www.nhs.uk/social-care-and-support/making-decisions-for-someone-else/giving-someone-power-of-attorney/