In England and Wales, a lasting power of attorney (LPA) is a legal document that lets you (the donor) appoint one or more people (attorneys) to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions. This guide explains the types, who can make one, and how the rules differ across the UK.
Key points
✓You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.
✓There are 2 types of LPA: health and welfare, and property and financial affairs. You can choose to make one type or both.
✓Your LPA will be legally binding only in England and Wales. There is a different way to make a power of attorney in Scotland and in Northern Ireland.
✓If you appoint more than one attorney, you must decide whether they will make decisions separately or together.
✓You must register your LPA or your attorney will not be able to make decisions for you. Applying to register an LPA costs £92 unless you get a reduction or exemption.
What is a power of attorney?
A lasting power of attorney (LPA) is a legal document that lets you (the donor) appoint one or more people (known as attorneys) to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’).
The LPA is the document you make in England and Wales. There is a different way to make a power of attorney in Scotland and in Northern Ireland (see below).
To get a lasting power of attorney in England and Wales, you choose your attorney, fill in the forms to appoint them and register your LPA with the Office of the Public Guardian. It takes 8 to 10 weeks to register an LPA if there are no mistakes in the application.
You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA. GOV.UK says you can apply to become someone's deputy if they lack mental capacity, which means they cannot make a decision for themselves at the time it needs to be made. As a deputy, you will be authorised by the Court of Protection to make decisions on their behalf.
The two types of LPA (England & Wales)
1. Health and welfare LPA
Use this LPA to give an attorney the power to make decisions about things like your daily routine (for example washing, dressing and eating), medical care, moving into a care home and life-sustaining treatment. It can only be used when you are unable to make your own decisions.
2. Property and financial affairs LPA
Use this LPA to give an attorney the power to make decisions about money and property for you, for example managing a bank or building society account, paying bills, collecting benefits or a pension, and selling your home. It can be used as soon as it is registered, with your permission.
You can choose to make one type or both. Applying to register an LPA costs £92 unless you get a reduction or exemption. See our guide to how much an LPA costs.
Who can make and act under an LPA?
The donor must be 18 or over and have mental capacity when they make the LPA
Your attorney needs to be 18 or over, and you must appoint someone who has the mental capacity to make their own decisions
You cannot choose someone who is bankrupt or subject to a Debt Relief Order if you are making an LPA for property and financial affairs
You can appoint more than one attorney and decide whether they make decisions separately ('jointly and severally') or together ('jointly')
You can nominate other people to replace your attorney or attorneys if at some point they cannot act on your behalf anymore
A certificate provider confirms you are making the LPA by choice and you understand what you are doing
You must register your LPA with the Office of the Public Guardian (OPG) or your attorney will not be able to make decisions for you
When choosing an attorney, GOV.UK says to think about how well they look after their own affairs, for example their finances, how well you know them, if you trust them to make decisions in your best interests, and how happy they will be to make decisions for you.
How the rules differ across the UK
GOV.UK says an LPA will be legally binding only in England and Wales. The three systems are:
England & Wales
Lasting Power of Attorney (LPA), health and welfare, and property and financial affairs. Registered with the Office of the Public Guardian.
Scotland
Continuing Power of Attorney (financial) and Welfare Power of Attorney (health and care), often combined in one document. Registered with the Office of the Public Guardian (Scotland).
Northern Ireland
Enduring Power of Attorney (EPA), covers property and financial affairs only (there is no health and welfare equivalent). Registered with the Office of Care and Protection when capacity starts to fail. If you have no EPA and lose capacity, your family may need to apply to the Office of Care and Protection to become a controller.
Power of attorney in Scotland. A power of attorney that covers your financial or property affairs is called a continuing power of attorney. It can be used as soon as it is registered and will continue if you lose capacity, and you can also choose for it to start only if you become unable to make decisions. A welfare power of attorney allows someone you have appointed to make welfare decisions for you, and these powers cannot be exercised until you have lost the capacity to make these decisions.
The document must be certified by a solicitor or a medical practitioner, who must interview the person granting the power of attorney before they sign the document. It must be registered with the Office of the Public Guardian, which charges a registration fee, but you may be exempt. You can draw up the document yourself, but most people use a solicitor so nothing is missed.
Without a power of attorney, nobody has an automatic right to make decisions on your behalf if you can no longer do so yourself, and someone might have to go to court for a guardianship or intervention order before they could act on your behalf.
Power of attorney in Northern Ireland. A Power of Attorney is a legal document giving someone else the authority to take actions or make decisions on your behalf. A Power of Attorney ends when you are no longer able to make decisions (you lack mental capacity) about your property and finances, but an enduring power of attorney (EPA) will continue.
Your LPA will be legally binding only in England and Wales.
Why it's worth doing now
You must have mental capacity when you make your LPA
It gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions
A property and financial affairs LPA can be used as soon as it is registered, with your permission
If someone lacks mental capacity, in England and Wales you can apply to become their deputy, in Scotland you can set up a guardianship instead, and in Northern Ireland you can apply to become a controller instead
You do not need to live in the UK or be a British citizen to make an LPA
You can make an LPA online or using paper forms, and you can get someone else to use the online service or fill in the paper forms for you, for example a family member, friend or solicitor. See how to set up a power of attorney.
What is the difference between a power of attorney and a lasting power of attorney?
A power of attorney is a legal document which gives another person, known as the attorney, the authority to deal with aspects of your affairs, according to mygov.scot. In England and Wales, a lasting power of attorney (LPA) is a legal document that lets you (the donor) appoint one or more people (attorneys) to help you make decisions or to make decisions on your behalf. There are 2 types of LPA: health and welfare, and property and financial affairs. There is a different way to make a power of attorney in Scotland and in Northern Ireland.
Can I set up a power of attorney for someone who has already lost capacity?
You must be 18 or over and have mental capacity when you make your LPA. If someone lacks mental capacity, in England and Wales you can apply to become their deputy. In Scotland you can set up a guardianship instead, and in Northern Ireland you can apply to become a controller instead.
Do I need a solicitor to make a power of attorney?
You can make an LPA online or using paper forms. You can get someone else to use the online service or fill in the paper forms for you, for example a family member, friend or solicitor. You must register your LPA or your attorney will not be able to make decisions for you.
Does a power of attorney cover decisions after death?
The Office of the Public Guardian will cancel the LPA if the donor dies. A cancelled LPA will be destroyed.
How do I apply for or arrange a legal power of attorney?
In England and Wales, choose your attorney, fill in the forms to appoint them, and register your LPA with the Office of the Public Guardian. Applying to register an LPA costs £92 unless you get a reduction or exemption. In Scotland, powers of attorney that continue or begin in the event of incapacity cannot take effect until they have been registered with the Office of the Public Guardian. See our step-by-step guide to obtaining and setting up a power of attorney for exactly what to do.
How long does it take to get a power of attorney?
It takes 8 to 10 weeks to register a lasting power of attorney in England and Wales if there are no mistakes in the application. It is usually quicker if you make it and pay online.
How do I get a power of attorney in Scotland?
In Scotland you can draw up the document yourself, but most people use a solicitor so nothing is missed. The document must be certified by a solicitor or a medical practitioner, and a power of attorney that is to continue or begin in the event of incapacity cannot take effect until it has been registered with the Office of the Public Guardian.
What is the difference between a power of attorney and an enduring power of attorney?
In Northern Ireland, a Power of Attorney ends when you are no longer able to make decisions (you lack mental capacity) about your property and finances, but an enduring power of attorney (EPA) will continue. In Northern Ireland an EPA covers financial matters only.