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Power of attorney and planning ahead
This is the job families most often put off and most often regret putting off. Sorting out who can act for someone — pay their bills, deal with their bank, make decisions about care — is simple while the person still has the capacity to set it up. Once they don’t, it becomes slow, costly and stressful. Do it early.
The key point about capacity
A power of attorney can only be made by someone who understands what they’re signing. That’s why it has to be done before it’s needed — not in the middle of a crisis, and not once dementia has advanced. Having the conversation while everyone is well isn’t morbid; it’s a gift to the whole family. Frame it as ordinary planning that every adult should do, like making a will.
It works differently across the UK
The systems are not the same, so check the rules where the person lives:
- Northern Ireland: the main tool is an Enduring Power of Attorney (EPA), which covers property and financial affairs. There is currently no equivalent “health and welfare” attorney here, and arrangements are overseen by the Office of Care and Protection.
- England & Wales: there are two separate Lasting Powers of Attorney (LPAs) — one for property and financial affairs, one for health and welfare — registered with the Office of the Public Guardian.
- Scotland: there’s a continuing (financial) and a welfare power of attorney, registered with the Office of the Public Guardian (Scotland).
If it’s left too late
If someone loses capacity without a power of attorney in place, family can’t simply step in. You have to apply to a court or tribunal to be appointed to manage their affairs — called becoming a “controller” in Northern Ireland, or a “deputy” in England and Wales. It’s slower, more expensive, and supervised by the court. That’s exactly the situation a power of attorney avoids.
While you’re at it
Two things naturally sit alongside this. Make sure there’s an up-to-date will. And consider talking about wishes for future care — what the person would and wouldn’t want — so that those who may have to decide later know their mind.
Get proper advice
You can do some of this yourself, but for anything beyond the straightforward it’s worth seeing a solicitor, particularly where there’s property, a business, or any family disagreement. Citizens Advice and Age NI can point you to low-cost help if money is tight. This is not the corner to cut.