When planning for the future, especially if there are health or age-related concerns, setting up a Power of Attorney is one of the most critical steps you can take.

As solicitors with expertise in family law, including the creation of Powers of Attorney in Wales, Fonseca Law is here to guide you through the process.

Whether you’re ensuring that your finances are in safe hands or making arrangements for your healthcare decisions, we can help simplify the legalities involved.

Below we will walk you through how to set up a Power of Attorney, the steps involved, the legal requirements, and why having professional guidance can ensure everything is done properly.

First things first  - Power of Attorney explained

A Power of Attorney is a legal document that gives a trusted person (the attorney) the power to act on your behalf (the donor) in specific matters. This could include decisions about your property, finances, or healthcare. If you are no longer able to make decisions due to illness, incapacity, or simply for convenience, a Power of Attorney ensures that your affairs are managed by someone you trust.

Why set up a Power of Attorney?

Creating a Power of Attorney ensures that your wishes are followed and protects you in times of vulnerability.

If no Power of Attorney is in place and you lose capacity, family members may need to go through a lengthy and costly process to apply to the Court of Protection for authority to make decisions on your behalf.

By setting up a Power of Attorney ahead of time, you:

• Ensure your financial and healthcare decisions are handled by someone you trust.
• Avoid future family conflicts regarding who should make decisions.
• Simplify the management of your affairs during illness, age, or long-term absence.

Read: Power of Attorney - when and why you might need one

How to set up a Power of Attorney in Wales: Step-by-Step Process

1. Choose your attorney

Selecting the right attorney is crucial. Your attorney should be someone you trust implicitly, as they will be responsible for making key decisions regarding your finances, health, or both. You can appoint more than one attorney and specify how they will work together.

2. Decide the type of Power of Attorney you need

Consider whether you need an Ordinary Power of Attorney (for short-term, specific financial matters) or a Lasting Power of Attorney (for more comprehensive, long-term needs, including health and welfare decisions).

Most people in Wales set up LPAs to prepare for future incapacity.

3. Fill out the LPA forms

To create a Lasting Power of Attorney, you need to complete the official LPA forms. These can be obtained from the UK government website, or if you prefer professional assistance, a solicitor can handle this for you.

At Fonseca Law, we specialise in drafting LPAs tailored to your needs, ensuring every detail is covered.

4. Have the LPA signed by a Certificate Provider

A certificate provider must sign your LPA to confirm that you understand the implications of the document and that you’re not being pressured into signing. This person must either know you personally or be a professional, such as a doctor or solicitor.

5. Register the LPA with the Office of the Public Guardian

For your LPA to be valid, it must be registered with the Office of the Public Guardian (OPG). The registration process can take several weeks, so it's best to do this well in advance of when you may need the Power of Attorney to take effect.

6. Pay the registration fee

There is a fee to register your Lasting Power of Attorney with the OPG. As of 2024, the fee is £82 per LPA, although you may be eligible for a reduction or exemption based on income.

7. Wait for the Confirmation of Registration

Once your LPA is registered, you will receive a stamped copy from the OPG confirming its validity. Only after this step can the attorney start making decisions on your behalf.

Why you should use a solicitor for setting up a Power of Attorney

While you can set up a Power of Attorney by yourself, many people prefer to work with a solicitor. At Fonseca Law, we offer expert legal advice and support throughout the process.

There are several reasons why professional help is beneficial:

Complexities of the forms: The LPA forms can be challenging to complete correctly, especially if you have multiple attorneys or want to include specific instructions. A solicitor ensures the forms are filled out properly, avoiding delays or rejections.

Tailored legal advice: Every individual’s circumstances are different. You might want to add specific clauses or conditions in your Power of Attorney, which a solicitor can help draft. For example, you may want your attorney to make decisions only under certain conditions, such as after a medical professional has confirmed your incapacity.

Peace of mind: With a solicitor’s help, you can be sure that your LPA is legally sound, valid, and reflects your wishes accurately.

Setting up a Power of Attorney in Wales is an essential part of planning for the future, ensuring that your affairs will be in trusted hands if you are no longer able to make decisions.

Here at Fonseca Law in Ebbw Vale, South Wales, we offer expert legal advice and can guide you through every step of the process, from selecting an attorney to registering your LPA with the Office of the Public Guardian.

Don’t hesitate to contact us today to begin setting up your Power of Attorney, and secure peace of mind for you and your family.