Everything You Need to Know About Power of Attorney
Power of Attorney
If your loved one has a dementia diagnosis, it's likely they’ll eventually become unable to make important decisions for themselves. Although this can be a challenging topic to navigate — especially when the diagnosis is first received — it’s sensible to explore your options early on.
One way to protect your loved one and ensure you can fulfil their wishes, is to establish power of attorney.
Throughout this guide, we’ll explain what power of attorney is, how it works, which options are available and how to undertake the process.
Frequently Asked Questions
- Can lasting power of attorney change a will?
No. Powers granted through an LPA do not extend to making changes to a will. The attorney named in the LPA must always respect the existing wishes of the donor regarding their will.
Additionally, if a will is made after a person has already started to lose mental capacity, then the will may be deemed invalid.
- Does an EPA cover health and welfare?
No. EPAs only relate to financial decisions, so the named attorney doesn’t have any power to make health and welfare decisions.
For decisions relating to care, an LPA is the correct route.
- How much do solicitors charge for lasting power of attorney?
There’s no set fee for a solicitor to set up lasting power of attorney, so the cost will vary. For this reason, it’s a good idea to investigate different options before deciding which solicitor to proceed with.
- How long do these legal rights remain after death?
As soon as the donor dies, lasting power of attorney expires. This means that the named attorney can’t make decisions on behalf of the person after their death.
This information was accurate and up-to-date as of 09/01/2024.