When someone has an illness or accident which renders them incapable of making their own decisions, they can give one or more people power of attorney over their affairs.

In the latest of our series of articles highlighting issues affecting the golden generation, Temi Adedeji found out what this means and spoke to one family who use the legal procedure.

It's a conversation few of us want to have but many of us regret not taking action over when the time comes.

What do we do when a loved one's health declines so much they cannot take care of their affairs?

Phil Smith, 58, is one of the 'lucky' ones – his family realised his dad's mental abilities were declining and acted.

They set up a power of attorney arrangement in 2014 but only started properly using it in 2019.

This was after his 87-year-old father had started experiencing full-on symptoms of dementia.

He said: "Dad was getting quite confused for someone who was a company accountant all his working life.

"He would get confused about his monthly bank statement and would query everything.

"Talking to my mum, who's 82, it was suggested I subtlety takeover monthly finances.

"Having the power of attorney means I can help them in lots of ways."

Gravesend resident Phil was speaking after KentOnline published a feature on living with dementia last week.

A lasting power of attorney (LPA) is a legal document which lets people appoint others to help make decisions on their behalf – normally when they have been affected by an accident or serious illness.

Phil added: "It's so important but it's something you don't realise is important until you start using it, or until it becomes necessary to start using it."

There are two types of LPA, health and welfare and property and financial powers.

A health LPA covers decisions over a person's daily routine, for example washing, dressing, eating and medical care.

Finance gives a person the power to make decisions about money and property.

This could be managing a bank account, paying bills, collecting benefits or a pension and selling property.

People applying to make people their LPA must be over 18 and have the ability to make their own decisions.

They can choose one or more people to act on their behalf.

Attorneys' can a relative, friend, a professional connection, a solicitor, spouse or partner and must be over 18.

Phil was joined by two aunts in being granted powers – a solicitor acted as a witness when the papers were signed.

All too often people leave it too late and the process of taking over a loved one's affairs become mired in difficulties.

When choosing someone to represent them, people are advised to consider various factors such as how well they know them and how will they look after their affairs.

Phil continued: "It's frustrating. It's not a case that it's covered up but the information about the system is something we have gathered with the process of time.

"There are things I've managed to do on dad's behalf that he wouldn't be able to do on his own.

"Because I got the power of attorney it was also suggested we look into attendance allowance for him because he qualified for it.

"But I wouldn't be able to apply for that on my father's behalf without the power of attorney."

Attendance allowance helps with extra costs if people have a disability severe enough they need someone to help look after them.

It is given to people who have reached state pension age who are physically or mentally disabled.

How do you start the process?

People can get more details and make a LPA application online.

They'll need to sign the forms, as will the 'attorneys' and witnesses.

Once completed, they need to register the LPA by sending to the Office of the Public Guardian.

Phil added: "If I had known a friend who was going through something similar then I would've known about it earlier.

"I could imagine in the wrong hands people can abuse this service; there's a hell of a trust element there.

"If you do it and it costs you £100 to organise, even if you never use it, it's only £100 at the end of they day.

"But it's made life so much easier. So the convenience of having it set up in my experience is way worth than a £100.

"I can't imagine how I would cope without it.

"However, you have to be careful because if you have a power of attorney in a family where the siblings are not getting on, there's a recipe for all sorts of hassle."