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Power of Attorney UK: Types, Process & Costs

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Part ofPersonal Legal Documents UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
England & Wales
None of us can predict what tomorrow brings. An accident, a sudden illness, or the gradual effects of a long-term condition can leave anyone unable to handle their own affairs, even for a short period. That is where a Power of Attorney becomes useful. It lets you choose, while you still have full mental capacity, the person or people you want to step in and act for you if you ever cannot act for yourself. This guide walks through how Powers of Attorney work in England and Wales, the different types available, what your chosen attorney can and cannot do, and the practical steps involved in setting one up. Whether you are planning ahead for older age or simply want someone you trust to manage things during a long trip abroad, understanding your options is the sensible starting point.

What this document is

A Power of Attorney is a legal document that gives another person, known as your attorney, the authority to make decisions on your behalf. The person granting the authority is called the donor. In England and Wales, there are broadly two forms in use today: an ordinary Power of Attorney, which only works while you still have mental capacity, and a Lasting Power of Attorney (LPA), which can continue to operate, or start to operate, if you lose capacity.

LPAs come in two varieties: one covering property and financial affairs, and one covering health and welfare decisions. You can put in place either or both. An older document, the Enduring Power of Attorney, was replaced by LPAs in October 2007, although existing EPAs made before that date can still be valid.

LPAs must be registered with the Office of the Public Guardian before they can be used, which is a key difference from an ordinary POA. The document is not about handing over control while life is normal; it is about making sure someone you trust is ready if circumstances change.

How to use this document

  1. Decide which type of Power of Attorney you need. Think about what you are trying to achieve. If you want cover only during a fixed period while you still have capacity, such as a long hospital stay or time overseas, an ordinary POA may be enough. If you are planning for a possible future loss of capacity, you will want a Lasting Power of Attorney, and you should consider whether you need one for finances, one for health and welfare, or both.
  2. Choose your attorney or attorneys carefully. The people you appoint will potentially make significant decisions about your money, your home, or your medical care. Pick someone you trust completely, who is organised, and who understands your values. You can appoint more than one attorney and decide whether they must act together on every decision (jointly) or can act independently (jointly and severally). Talk to them first to make sure they are willing.
  3. Complete the correct forms. For an LPA, official forms are available from the Office of the Public Guardian via gov.uk, and the process can be started online or on paper. You will need to set out your attorneys, any replacement attorneys, and any preferences or instructions you want them to follow. Ordinary POAs are simpler and often drawn up as a deed, sometimes with a solicitor's help.
  4. Have the document signed and witnessed correctly. An LPA requires a certificate provider, someone independent who confirms you understand the document and are not being pressured into signing it. There are strict rules about the order of signatures from the donor, the certificate provider, and the attorneys. Getting this wrong is one of the most common reasons LPAs are rejected.
  5. Register the LPA with the Office of the Public Guardian. An LPA cannot be used until it is registered. There is a registration fee, and you should check gov.uk for the current amount as fee reductions and exemptions may apply depending on your circumstances. Registration typically takes several weeks. Once registered, store the original safely, tell your attorneys where to find it, and consider giving certified copies to banks or medical professionals as needed.

Common questions

Q What is the difference between an ordinary and a Lasting Power of Attorney?
An ordinary Power of Attorney only works while you have mental capacity and is typically used for short-term or specific situations, such as managing finances while you are abroad. A Lasting Power of Attorney is designed to keep working, or to start working, if you lose mental capacity. LPAs must be registered with the Office of the Public Guardian before they can be used, while ordinary POAs do not need to be registered.
Q Can I have more than one attorney?
Yes. Many people appoint two or more attorneys and decide how they should work together. You can require them to act jointly, meaning every decision needs all of them to agree, or jointly and severally, meaning any one of them can act alone. You can also appoint replacement attorneys who step in if an original attorney can no longer serve. Think carefully about family dynamics when choosing this structure.
Q Do I need a solicitor to make a Power of Attorney?
No, you do not need a solicitor. The Office of the Public Guardian provides forms and guidance, and many people complete an LPA themselves. However, if your situation is complex, for example if you own a business, have significant assets, or expect family disagreement, getting help from a solicitor can reduce the risk of mistakes that cause the document to be rejected or challenged later.
Q Can I cancel a Power of Attorney?
Yes. While you still have mental capacity, you can revoke a Power of Attorney at any time. For an LPA, you would normally do this by signing a formal deed of revocation and notifying the Office of the Public Guardian and your attorneys. If you have lost capacity, you cannot revoke the document yourself, although the Court of Protection can intervene in certain situations if an attorney is acting improperly.
Q What can my attorney not do?
An attorney must always act in your best interests and cannot use your money or property for their own benefit, beyond reasonable expenses or gifts within strict limits. They cannot make a will for you, override decisions you have specifically reserved to yourself, or use their authority in ways not permitted by the LPA. Health and welfare attorneys can only make decisions once you have lost capacity to make them yourself.
Q How long does it take to set up a Lasting Power of Attorney?
Completing the forms can be done in a few hours if your situation is straightforward, but registration with the Office of the Public Guardian usually takes several weeks from the date they receive the application. Build in extra time if you are planning around a medical procedure or other known event. You cannot rely on an LPA until it has been officially registered.
Q What happens if I lose capacity without a Power of Attorney?
If you lose mental capacity and have no LPA in place, your family cannot automatically step in to manage your finances or make welfare decisions. Someone would usually need to apply to the Court of Protection to become your deputy, which is typically slower, more expensive, and more intrusive than setting up an LPA in advance. Putting an LPA in place while you are well avoids this.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.