Power of Attorney: A Step-by-step Guide
A power of attorney lets you choose someone you trust to make decisions for you if you can't make them yourself, through illness, an accident, or conditions like dementia. Setting one up while you still have full mental capacity is one of the most important things you can do to protect yourself and spare your family a slow, expensive court process later. This guide explains the types, who can make one, and how the rules differ across the UK.
- ✓It only works if you set it up while you still have mental capacity. Once capacity has gone it is too late, and that is the whole point of doing it early.
- ✓The alternative is a court application that takes months and costs far more: deputyship in England and Wales, guardianship in Scotland, controllership in Northern Ireland.
- ✓The donor must be 18 or over with capacity. Attorneys must be 18 or over, and a property and financial attorney must not be bankrupt.
- ✓You can appoint more than one attorney and decide whether they must act jointly or can act separately, and you can name replacements.
- ✓An independent certificate provider must confirm you understand it and are not being pressured, and it must be registered with the Office of the Public Guardian before it can be used.
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What is a power of attorney?
A power of attorney is a legal document where one person (the donor) gives one or more people (their attorneys) the authority to make decisions on their behalf. The attorney must always act in the donor's best interests.
In England and Wales, the main type is a Lasting Power of Attorney (LPA). Scotland and Northern Ireland have their own equivalents (see below). Without one, if you lose the ability to make decisions, even your spouse cannot automatically manage your bank account or make medical choices for you, they would have to apply to a court.
The two types of LPA (England & Wales)
Covers daily care, medical treatment, life-sustaining treatment, and where you live. It can only be used once you have lost the capacity to make the decision yourself.
Covers bank accounts, paying bills, collecting your pension and benefits, and selling property. With your permission, it can be used as soon as it's registered, while you still have capacity, which is useful if, say, you're in hospital.
Many people make both. They are separate documents, registered separately, with a separate fee for each. See our guide to how much an LPA costs.
Who can make and act under an LPA?
- Yes: The donor must be 18 or over and have mental capacity when they make the LPA
- Yes: Attorneys must be 18 or over; a property and financial attorney must not be bankrupt
- Yes: You can appoint more than one attorney, and say whether they must act together ('jointly') or can act separately ('jointly and severally')
- Yes: You can name replacement attorneys in case your first choice can no longer act
- Yes: A certificate provider, an independent person, must confirm you understand the LPA and aren't being pressured into it
- Yes: The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used
How the rules differ across the UK
Power of attorney is devolved, so the system depends on where you live:
Why it's worth doing now
- Yes: It only works if it's set up before you lose capacity, you cannot make one once it's too late
- Yes: It avoids a costly, months-long court application (deputyship in England & Wales, guardianship in Scotland, controllership in Northern Ireland)
- Yes: It lets someone you chose, not a court, manage your affairs your way
- Yes: A property and financial LPA can help even if you're just temporarily unable to deal with things (e.g. in hospital)
- Yes: It's not just for older people, accidents and illness can affect anyone at any age
You can make an LPA yourself online or on paper, or use a solicitor. See how to set up a power of attorney.
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We've taken the chat assistant offline while we work through a technical issue behind the scenes. It'll be back as soon as we're confident it's giving reliable answers again. Every guide on this site is still here and hasn't changed, use the menu above to find the one that covers your situation.
Frequently asked questions
What is the difference between a power of attorney and a lasting power of attorney?
'Power of attorney' is the general term for giving someone authority to act for you. In England and Wales the main lasting form is the Lasting Power of Attorney (LPA), which continues (or starts) to work even after you lose mental capacity. There are two LPAs: one for health and welfare and one for property and financial affairs. Scotland and Northern Ireland have their own equivalent documents.
Can I set up a power of attorney for someone who has already lost capacity?
No. A power of attorney can only be made by someone who still has the mental capacity to understand and make it. If a person has already lost capacity, the family must instead apply to a court, the Court of Protection for a deputyship in England and Wales, guardianship in Scotland, or a Controllership Order in Northern Ireland. This is why it's best to set one up early.
Do I need a solicitor to make a power of attorney?
No, you can make and register a Lasting Power of Attorney yourself, either online through the Office of the Public Guardian or on paper. A solicitor isn't required, but many people use one for peace of mind or where their affairs are complex (for example, business interests or a blended family).
Does a power of attorney cover decisions after death?
No. A power of attorney ends when the donor dies. After death, the person's estate is dealt with under their will (or the intestacy rules if there's no will), and it's the executors or administrators, not the attorneys, who take over.
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