Power of Attorney UK: Types, Process & Costs

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