Getting power of attorney for an ageing parent with dementia

How to get a power of attorney for an ageing parent with dementia

A Power of Attorney is an important document to have when a parent develops dementia, as it can help to protect both you and your parent during this time, and more efficiently manage the challenges that come with this condition. Here, we are taking a closer look at how to get a Power of Attorney, the benefits of having this in place, how to bring this up with your parent, the challenges to be ready for, and what to do if no Power of Attorney is set. At Home Instead, our aim is to help people age positively and in place by bringing expert care to their home. For nearly 20 years, we have been providing the highest standard of care, and creating industry-leading training programmes for our Care Professionals that are accredited by nursing and medical professionals. Today, we are the world’s largest global domiciliary care network, supporting over 100,000 older adults with personalised, tailored care at home. So whatever questions you have about dementia care planning, we can help. 

Why is a Power of Attorney beneficial? 

A Power of Attorney document can be extremely beneficial for ageing parents, but especially if your parent has been diagnosed with dementia, as this means they will inevitably lose their ability to effectively manage their own health, finances and wellbeing at some point in the future due to impaired cognitive abilities.Getting ahead of this by ensuring there is a document in place can make managing financial, legal and medical decisions much easier and quicker. This also avoids costly and emotionally difficult administrative and legal processes that occur when there are decisions to be made and no Power of Attorney in place. Having this document in place as early as possible can give you and your loved one peace of mind that they will be taken care of by someone they trust as their condition progresses. It also helps them feel at ease about the security of their money, and that any medical decisions will not be automatically made by a doctor.It can also be beneficial to set up an Advance Decision (also known as a Living Will) to decide what kind of care they would want in certain medical situations. You can learn more about this in our guide to making an advance statement for care.

What are the steps involved? 

You can obtain a Power of Attorney for an ageing parent in the UK by:

1. Researching which type of Power of Attorney you need for your loved one to make sure you have the correct type of document in place.
2. Choosing who the Power of Attorney will be, whether that is you or someone else. Your parent should be in agreement with this, so discuss it with them, and if they choose someone else make sure the person agrees and understands their responsibilities. 
3. Fill out the forms. Depending on the type of Power of Attorney you need, you can usually do this online via the relevant authority in the place where you live, i.e. the Office of the Public Guardian (England and Wales), the Office of the Public Guardian (Scotland), or the Office of Care and Protection (Northern Ireland). 
4. Submit your forms to the Office of the Public Guardian by post with the required fee. This will usually be £82 in England or Wales, £96 in Scotland, and from £151 in Northern Ireland, unless you are entitled to a reduction or exemption. 
5. You can also contact and apply to these organisations by post.For the Office of the Public Guardian in England and Wales, send to:Office of the Public GuardianPO Box 16185BirminghamB2 2WHFor more information, you can contact them on:Phone: 0300 456 0300Textphone: 0115 934 2778Email: [email protected]For the Office of the Public Guardian in Scotland, send to:Office of the Public GuardianHadrian House                                                                                                                                      Callendar Business Park                                                                                                                      Callendar Road                                                                                                                                      Falkirk                                                                                                                                                      FK1 1XRFor more information, you can contact them on:Phone: 01324 678300 (option 1)Email: [email protected]For the Office of the Public Guardian in Northern Ireland, send to:The Office of Care and ProtectionRoom 2.02First FloorRoyal Courts of JusticeChichester StreetBelfastBT1 3JFFor more information, you can contact them on:Phone: 0300 200 7812Email: [email protected]
6. Wait for the office to process your application and register your Power of Attorney. Before this happens the office will contact appropriate relatives to notify them of this request so they can express any concerns they may have. This can take several weeks or sometimes months. Once this process is done, they will make the registration official and you can use the Power of Attorney whenever needed.

A solicitor is not required to do this, but you may wish to consult a legal professional to make sure everything is done correctly. You can look for a qualified solicitor using the Law Society online directory. You can also find more information on getting a Power of Attorney on the government website. 

What challenges might families come across while obtaining a Power of Attorney? 

The process of obtaining a Power of Attorney for a parent with dementia can be stressful due to the emotional nature of the decision, and the logistics and legalities involved, but it is certainly a step worth taking to protect your parent’s health, wellbeing and finances.One of the main challenges many people face is a parent’s refusal to engage with the process in the first place, as this can be emotional for them. It is always important to put yourself in your parent’s shoes and try to understand how they may be feeling; they may be worried about not having control, or angry about the assumption they do not have mental capacity. Ensuring they feel like an equal part of this discussion is important, so they understand the decision is for their own protection, and do not feel their control is being completely removed. Reassurance and compassion are key factors in this process.  Other family members may also refuse certain decisions; family disputes about finances, disagreements on care needs, and lack of trust in other family members may make this process even more difficult, so utilising professional mediators or advisors can help everyone get on the same page, and ensure your parent’s best interests remain at the centre of the discussion. 

What happens if no Power of Attorney is set? 

Dementia can advance quickly, so many people come up against the challenge of getting a Power of Attorney in the first place if their loved one is no longer capable of agreeing to this. Without a Power of Attorney in place, no one can legally make decisions for your parent if they become unable to make these by themselves. In these cases, financial matters can become very difficult and drawn out, and medical decisions may be automatically given to the doctor in charge of the person’s care. It is important to note that, if your parent does not have an official dementia diagnosis, you should arrange for them to see a doctor about this as soon as possible. In the UK, there are currently around 982,000 people with dementia, but more than a third of people with this condition do not have a diagnosis. Without an official diagnosis, if your parent is spending irresponsibly and making strange decisions with their money, a bank will still deem them capable of making their own financial decisions. The sooner they get a diagnosis, the sooner a Power of Attorney or equivalent can be put in place to protect them from this. Ideally, you should arrange a Power of Attorney while your parent is still healthy, or in the very early stages of dementia after an initial diagnosis. This usually means they are still confidently able to agree to this decision, and discuss their preferences and wishes ahead of time. This can make the whole process much more streamlined and simple. You may find more information in our guide to managing the stages of dementia.In the case of someone in the middle stages of dementia, they may have some understanding of the process of obtaining a Power of Attorney, but not enough for this to be a straightforward process. For people with mid-stage dementia, the Court of Protection may review the situation and give a designated family member the title of conservator or guardian. 

• Conservatorship – This allows the appointed person to make decisions about their parent’s finances
• Guardianship – This allows the appointed person to make decisions about their parent’s health and medical care

If your parent has advanced dementia and no longer has the mental capacity to agree to a Power of Attorney, this usually means you must apply for deputyship or a guardianship via the Court of Protection. 

• Deputyship – This allows the appointed person to make decisions about either their parent’s property and financial affairs, or their medical treatments and welfare

Every adult should be assumed to have capacity to make their own decisions unless it is proven otherwise, as laid out in the Mental Capacity Act 2005 in England and Wales, the Adults with Incapacity Act 2000 in Scotland, and the Mental Capacity Act 2016 in Northern Ireland. This can be a problem for those with more advanced dementia who may be attempting to make unusual or unsafe medical or financial decisions that do not align with what they requested when they did have capacity. To avoid these difficult situations, a deputyship or guardianship is required. Although a deputy may seem like an equivalent role to a Power of Attorney, it is usually best to seek Power of Attorney, as becoming a deputy is a more time-intensive process, can be more expensive, and will be chosen by the court instead of the family. In addition, the deputy may also have annual fees to pay, annual reports to submit, and will typically only be allowed to make decisions about property and finances rather than health.Keep in mind, some types of dementia progress rapidly, so the sooner you can put a Power of Attorney in place, the better. Remember, the Power of Attorney document that you put in place for a parent with dementia must be a Health and Welfare Lasting Power of Attorney (LPA), as this is the only type that will allow the appointed person the additional ability to make decisions about their health and welfare. This LPA also needs to be registered, which can take up to 16 weeks – this will be stamped with “validated-OPG” when registered. For this to happen, the person with dementia must also be assessed by a qualified medical professional and found to lack capacity. If this is not the case, a Best Interest Decision process must be followed, meaning decisions are made that are deemed best for them and that respect their rights. You can read more in our guide on what to do if no Power Of Attorney is set.If you are caring for a parent with dementia, and going through the challenging process of obtaining a Power of Attorney, our experienced Care Professionals can provide dedicated dementia care and respite care to help you manage care responsibilities while you speak to solicitors or attend the Court of Protection. Reach out to your local Home Instead office to discuss what your loved one needs, and how we can help. We’re an award-winning home care provider and part of a worldwide organisation devoted to providing the highest-quality relationship-led care for older people in their own homes. Arranging care for yourself or your loved one shouldn’t be stressful, so whatever questions you would like answered, feel free to reach out to the Home Instead team to discuss your needs.