What Is a Power of Attorney and Why Might You Want One?

Planning ahead is not just about legal paperwork. It is about making choices while you still can, so the people you trust can step in smoothly if they ever need to. Power of Attorney is one of the most useful ways to do that, giving someone the legal right to help with decisions about your finances, health or daily life if you are ever unable to make them yourself.

We often hear people say, “I’ve got Power of Attorney for Mum,” only to realise later that it does not work the way they expected. Someone else might say, “I thought I could speak to the GP, but I was told I wasn’t allowed,” or “I had to fight to access Dad’s bank account, even though he wanted me to help.”

It can feel confusing and unfair, especially when you are just trying to help someone you care about. But Power of Attorney (POA) is one of those things that can be surprisingly complicated unless you understand it properly and put it in place early.

What is a Power of Attorney?

A Power of Attorney is a legal document that lets someone you trust act on your behalf if you are ever unable to make decisions for yourself. This person, or people, is called your attorney (they do not need to be a lawyer). It is usually a family member or close friend.

There are two main types:

• Health and welfare Decisions about care, medical treatment and daily life such as where you live or what kind of support you receive. 
  

• Property and financial affairs Decisions about money, bills, pensions, benefits or even selling your home.
  

You can choose one or both. They do not take effect automatically, and the timing matters.

When does it come into effect?

This is where many people get caught out.

A Property and Financial Affairs POA can be used as soon as it is registered, with your permission, or later if you lose mental capacity.

A Health and Welfare POA only comes into effect if you lose mental capacity. Until then, you make your own choices and no one else, even an attorney, can overrule you.

This means that even if you have set up POA, your attorney cannot simply phone your doctor or bank and expect to be given information. The law protects your privacy unless it is clear that you are no longer able to make decisions yourself.

That is why many people get frustrated. They think holding POA gives them instant access, but it does not work that way. It is there as a safety net, not a permission slip to act at any time.

Why set one up?

Because when it is needed, having POA already in place makes everything much easier.

Without it:

• Family and friends may be locked out of decisions or unable to access vital services.

• Banks, care providers and hospitals may refuse to speak to you.

• You might need to go through the Court of Protection, a much slower and more expensive process.

  
  

One carer told us:

“I didn’t realise how urgent it was until I hit a wall. The GP wouldn’t talk to me. The bank froze Mum’s account. We were stuck, and she couldn’t sign anything by then.”

Setting up POA while you are still well gives peace of mind. It does not take anything away from you, but it means help is ready if and when you need it.

Choosing your attorney

When choosing your attorney, think carefully about who you trust to make decisions in your best interests. It could be a partner, relative or friend. You can appoint more than one person and decide whether they make decisions together or independently. A solicitor can help you decide what will work best for you.

Is it difficult to set up?

Not really. You can do it yourself using the government’s official forms or online service. It currently costs £82 to register each Power of Attorney through the government’s website (so £164 for both types). This may change, so it is best to check the latest details at www.gov.uk/power-of-attorney. You may be eligible for a reduction or exemption if you are on a low income.

You do not need a solicitor, but if you would feel more comfortable getting advice, organisations like Age UK and Citizens Advice can guide you.

Start here: www.gov.uk/power-of-attorney

Local support in East Sussex

If you live in East Sussex, you can get free or low-cost advice and help with the forms from:

• Age UK East Sussex - help with setting up POA and other legal planning. Call 01273 476704 or visit www.ageuk.org.uk/eastsussex.

• Health and Social Care Connect - the council’s helpline for adult social care queries. Call 0345 60 80 191 if you are unsure what to do next or need extra support.

• East Sussex Citizens Advice - free help with POA applications. Visit www.citizensadvice.org.uk and enter your postcode for the nearest office.

• Claire Nash Solicitors, Crowborough - friendly, specialist advice on Power of Attorney, wills and other legal planning. Call 01892 611055 or visit www.clairenashsolicitors.co.uk.

If you are a Good Company member, you can also speak to one of the team and we can point you in the right direction.

What if I am supporting someone else?

If the person you care for still understands what POA means, they can set it up themselves, and now is a good time to talk about it. If they have already lost mental capacity, it is unfortunately too late to set up POA. In that case, you would need to apply for Deputyship through the Court of Protection, which is more complex and expensive.

This can be hard to hear, but if it is still possible to have the conversation, it is worth doing.

Final thoughts

Power of Attorney does not mean taking over. It means making sure the right person can step in if needed, with clarity and support, not confusion or red tape.

Setting it up early protects your voice and your choices, ensuring that the people who know you best can help when it really matters.

If you are thinking about setting one up or encouraging someone else to do it, we are here to help. You can always talk to someone at your Club or get in touch with the team if you are not sure where to start.

At Good Company, we see Power of Attorney as part of caring for each other. It is about planning for the future with kindness and clarity, so you can focus on the things that matter most right now.