Having a stroke can sometimes mean that a person needs help with managing their legal or financial matters. If you are caring for someone, there are some ways you can help.
Support with everyday finances
Some people find it hard to manage their money, such as signing cheques or using online banking.
If someone has problems using bank services because of sight loss or communication difficulties, ask the bank if they have any help to allow people with disabilities to access their services. This could include talking cash machines, large print bank statements, communication support in the branch or accessible debit cards. They can also provide personalised stamps on request for customers who struggle to write their signature.
Third party mandate
The person you’re caring for can give you written permission in a letter or ‘third party mandate’ to allow you to deal with their banking or other financial services. Banks often have their own form to use.
Power of attorney (PoA)
Someone can give you ‘power of attorney’, which means appointing you to act on their behalf. You can use power of attorney to manage bank accounts, benefits and services. You can appoint more than one person to have a power of attorney, and you can cancel it at any time.
- Ordinary power of attorney is a short-term arrangement, such as while someone is on holiday. It’s only for those who still have ‘mental capacity’.
- Lasting power of attorney (LPA).
Types of LPA
There are two types of LPA in England and Wales:
- A property and financial affairs LPA allows someone to make decisions about income, bills and the sale of a person’s house.
- A health and welfare LPA lets you make decisions on where the person will live and the day-to-day care or medical treatment they may receive.
In Northern Ireland there is only one type of power of attorney, called an enduring power of attorney, which covers property and affairs, but not healthcare.
In Scotland, there are three types of power of attorney. Continuing PoA gives powers to deal with money and property. A welfare PoA gives powers to make decisions about health or personal welfare. The combined PoA covers both types of decision.
Plan ahead
An LPA must be set up while the person still has ‘mental capacity’. This means they are able to understand, retain information to make a decision, and communicate the decision. If someone has communication problems, they may need support to communicate their decisions. Because of this, it's a good idea to try to plan ahead.
An LPA can be set up at any time. You don’t have to be unwell, and there is no lower age limit for starting an LPA. It is a good idea for anyone with financial or family responsibilities to set one up. It can take some time for the LPA to be set up, so it's worth having one ready in advance. It can make things easier for family and friends if you ever become ill and can’t manage your own affairs.
How to set up a power of attorney
To give someone power of attorney in England and Wales, you need to register the LPA with the Office of the Public Guardian.
In Northern Ireland, you apply to the Office of Care and Protection.
In Scotland, you register the LPA with the Office of the Public Guardian (Scotland).
What if someone can't make their own decisions?
If the person you are caring for has already lost the ability to make decisions and has not set up an LPA, you can apply to take over their finances.
If you live in England or Wales, you apply to the Court of Protection to become a deputy.
In Northern Ireland, you apply to the Office of Care and Protection to become a controller.
In Scotland, you apply to the Office of the Public Guardian (Scotland) to become a guardian.
The process can take some time and be costly, and you may need advice from a solicitor.
You can also apply for the right to deal with the benefits of someone who cannot manage their own affairs.