Knowing when to start using a lasting power of attorney is one of the most common questions families ask us. The short answer depends on which type you hold, and on whether the person can still make the decision themselves.
Most people are appointed as an attorney years before they need to act. Then a fall, a diagnosis or a hospital discharge changes everything, and suddenly the document in the drawer matters.
This guide explains what each type covers, when it can be used, and how it works when arranging care at home in St Albans, Harpenden, Welwyn Garden City and Hatfield.
The two types, and why the difference matters
A property and financial affairs LPA covers money and property. It can be used as soon as it is registered, with the donor’s permission, even while they still have capacity.
A health and welfare LPA covers daily routine, care and medical treatment. Crucially, it can only be used once the person can no longer make the decision themselves.
Therefore an attorney holding only the financial LPA cannot decide about care, and a health and welfare attorney cannot touch the bank account. Where different family members hold each one, both need to be involved.
When using a lasting power of attorney is the right moment
Capacity is decision-specific rather than all or nothing. Someone may be perfectly able to choose what they eat and where they go, yet unable to weigh up a complex care decision.
So the question is never simply whether someone has capacity. It is whether they can make this particular decision, at this particular time, with the right support.
In practice the moment usually arrives quietly. Bills stop being opened. Appointments get missed. A parent agrees to something and has forgotten by the next morning.
Registering an LPA with the Office of the Public Guardian takes eight to ten weeks if there are no mistakes in the application, and currently costs £92, so it is worth doing well before it is needed.
Supporting the decision before taking it over
The starting point is always to help the person decide for themselves. Give information in plain language, one thing at a time, at the time of day they are at their best.
Sometimes that is enough, and no attorney needs to act at all. Independence lasts longer when decisions are supported rather than assumed away.
However, where the decision genuinely cannot be made, a health and welfare attorney acts in the person’s best interests, taking account of what they would have wanted.
If there is no LPA in place
If capacity has already been lost and no LPA exists, the route is an application to the Court of Protection to become a deputy.
Deputyship carries more oversight. Deputies keep records of their decisions and file an annual report to the court explaining what they decided and why.
Applications can also take a considerable time, while care needs rarely wait. Families arranging support after a hospital stay may also find our guide to coming home after a brain injury useful.
Using a lasting power of attorney to arrange care at home
We ask to see the registered document at the outset. That tells us who can agree the care plan, who handles the account, and whether the donor set any restrictions we must respect.
Then we assess in the home, with the person themselves involved as fully as they are able. Whatever the legal position, they are the person we listen to first.
After that comes a written care plan you approve, clear costs in writing, and itemised invoices you can file. Our power of attorney care page sets out how that works in more detail.
What a care provider should never do
We do not assess mental capacity and we do not make best interests decisions. Those belong to you, to clinicians and to the court.
Equally, a good provider should tell you honestly when a plan is no longer meeting someone’s needs, rather than quietly carrying on.
For independent guidance, GOV.UK and the Office of the Public Guardian on 0300 456 0300 are the right starting points. This article is general information, not legal advice.
Looking after yourself in the role
Acting for someone you love is heavier than people expect. You are making decisions they would once have made themselves, often while grieving the change.
Consequently, share the load where you can. Respite visits exist as much for the family as for the person receiving care.
Common questions about using a lasting power of attorney for care
When can I start using a lasting power of attorney?
A financial LPA can be used once registered, with the donor’s permission. A health and welfare LPA can only be used when the person can no longer make the particular decision themselves.
Can I arrange home care as an attorney?
Yes, if you hold the health and welfare LPA and the person cannot make the decision. If you hold only the financial LPA you can pay for care but not decide on it.
Does a care agency need to see the document?
Yes. We ask for the registered LPA or deputyship order so we know who can agree the care plan, and so we respect any conditions the donor set out in it.
Which areas do you cover?
Visiting care across St Albans, Harpenden, Hemel Hempstead and Welwyn Hatfield, including Welwyn Garden City and Hatfield, plus live-in care across Hertfordshire.
If you are weighing up when to act, talk it through with someone who arranges care every day. Call our St Albans office on 01727 324 127.
Arranging Care Is Simple
Starting care can feel like a big step. We keep it calm and straightforward, and we are here to guide you from your very first call.
1. Talk to us
Get in touch by phone or request a callback. We will listen, answer your questions and help you understand the options, with no pressure to decide anything straight away.
2. A home visit and initial consultation
We arrange a visit to understand your routines, your home and what matters most to you. Together we agree an initial consultation and shape the support that feels right.
3. Your care begins
A small, familiar team starts your care, arriving at the agreed times and staying involved as your needs change. We remain your trusted adviser throughout.
Whenever you are ready, we are here to help.