What Is a Power of Attorney and How Does It Work in the UK?

Posted on: 19 September 2025

A Power of Attorney (POA) lets you legally appoint someone you trust to make decisions for you, or to help you make them, if you’re unable to do so or simply want support. In England and Wales, the most common type today is the Lasting Power of Attorney (LPA). There are also Ordinary (General) Powers of Attorney for temporary financial delegation and Enduring Powers of Attorney (EPA) made before October 2007 that can still be valid. 

This guide explains all three, how they work, how to put them in place, typical timeframes and costs, and the safeguards built into the system.

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Why plan a Power of Attorney now?

Planning early avoids crisis decisions if illness, accident, or a life event affects capacity. Demand is rising sharply: the Office of the Public Guardian (OPG) received around 1.37 million applications to register powers of attorney in 2023–24 and again in 2024–25, while also increasing investigations into concerns about attorneys, reflecting both volume and vigilance. GOV.UK

Dementia alone illustrates the need to plan: the UK is estimated to have ~982,000 people living with dementia in 2024, projected to 1.4 million by 2040; the annual cost is forecast to rise from ~£42bn (2024) to ~£90bn by 2040. Dementia Statistics 

The types of Power of Attorney in England & Wales

1) Lasting Power of Attorney (LPA)

An LPA is a legal document that lets the donor appoint one or more attorneys to make decisions now or in the future. There are two types: 

  • Property & Financial Affairs LPA ,  for money, banking, property, pensions and tax. It can be used while the donor still has capacity if the donor permits this and the LPA is registered. 
  • Health & Welfare LPA ,  for care, living arrangements, medical treatment (including life-sustaining treatment if expressly granted). It can only be used when the donor lacks capacity for the specific decision. GOV.UK 

Start with GOV.UK’s overview: Make, register or end a lasting power of attorney. GOV.UK

Power of Attorney in the UK

2) Ordinary (General) Power of Attorney (OPA)

An Ordinary Power of Attorney is typically used for short-term or specific financial authority (for example, while you’re abroad). It ends if the donor loses mental capacity, so it’s not suitable for long-term planning. It’s based on the Powers of Attorney Act 1971. Practical Law

3) Enduring Power of Attorney (EPA)

EPAs for property/finances could be made before 1 October 2007. They’re still valid if properly executed, but they must be registered when the donor starts to lose capacity (not before). New EPAs can no longer be made. GOV.UK

How an LPA works in practice (step-by-step)

  1. Choose your attorneys.
     You can appoint one or more attorneys (and replacement attorneys) and decide if they act jointly, jointly and severally, or a mixture (e.g., jointly for big decisions). Attorneys must be 18+ and trustworthy; they don’t have to live in the UK.
  2. Decide scope and preferences.
     Use the forms to set instructions (binding) and preferences (non-binding guidance). For Health & Welfare, you can include authority on life-sustaining treatment either to consent or refuse on your behalf.
  3. Certificate provider and witnesses.
     A certificate provider confirms you understand and are not under pressure. They must be 18+ and either know you well for at least 2 years or be a professional (e.g., GP, solicitor, social worker), not an attorney. Signatures must be witnessed by adults who meet the rules.
  4. Register the LPA with the OPG.
     Registration is essential before use. Processing is typically 8–10 weeks, including a legal 4-week statutory waiting period to allow objections by people you’ve chosen to notify. You can track progress via the OPG’s online services.
  5. Start using the LPA (when allowed).
    • Property & Financial Affairs LPA: can be used after registration, while you still have capacity if you consent (or only if you lose capacity, depending on your form choices).
    • Health & Welfare LPA: only when you lack capacity for that decision.

Helpful guides: LP12 (how to make and register) and LP13 (how registration works and the 4-week legal waiting period). GOV.UK

How long does it take and how much does it cost?

  • Timeframes: OPG guidance indicates 8–10 weeks for registration (includes a 4-week statutory waiting period) if the application is completed correctly. Incorrect signing order or missing details can significantly delay matters.
  • Fees: The current application fee is £82 per LPA, with available fee remissions and exemptions depending on income/benefits. From 17 November 2025, the fee is scheduled to increase to £92.

Duties and safeguards: how attorneys must act

All attorneys must follow the Mental Capacity Act 2005 (MCA) and act in the donor’s best interests, applying the MCA principles (assume capacity unless proven otherwise; help the person decide; understand that unwise decisions don’t equal lack of capacity; act in best interests; make the least restrictive choice). The MCA Code of Practice explains these duties and how “best interests” decisions should be made and recorded. SCIE

The OPG oversees registration and can investigate concerns. In 2024–25, the OPG recorded 11,266 concerns about attorneys/deputies; 3,823 led to formal investigations (34%). GOV.UK

If there’s no LPA and someone loses capacity, families may need to apply to the Court of Protection for a deputieship order, which is slower and more expensive than an LPA. See “Become a deputy” on GOV.UK. GOV.UK

Ordinary Power of Attorney vs LPA: when to use which

  • Use an Ordinary (General) POA for short-term or specific financial tasks (e.g., you’re overseas), accepting it ends if you lose capacity.
  • Use an LPA for long-term resilience: property/finance decisions and health/care decisions, even years from now. 

Enduring Powers of Attorney (made before 1 Oct 2007)

If you already have an EPA, it may still be valid. Attorneys must register it when the donor starts to lose capacity (not before). GOV.UK’s guide explains how to check, register, and act under an EPA.

Changing or ending a Power of Attorney

  • Revoking an LPA: While you still have capacity, you can revoke (cancel) an LPA (or remove one attorney) by sending a deed of revocation to the OPG with the original LPA. GOV.UK 
  • Relationship changes: In England & Wales, your LPA may end for a spouse/civil partner attorney if you divorce or dissolve the civil partnership (the rest of the LPA can continue if others remain able to act). GOV.UK 
  • When the donor dies: The LPA ends automatically; notify the OPG.

Practical extras people often ask about

  • Certified copies: Many banks and organisations accept certified copies. The donor (if they have capacity) can certify copies themselves using specific wording on each page, or a solicitor/notary can certify. See GOV.UK’s step-by-step.
  • Using the LPA online: The OPG provides a “Use a lasting power of attorney” service to share a secure, online summary with banks, utilities and others. publicguardian.blog.gov.uk 
  • Who can be a witness/certificate provider? Witnesses and certificate providers must be 18+; attorneys can witness each other’s signatures but not the donor’s, and cannot act as certificate providers.

What about Scotland and Northern Ireland?

This guide focuses on England & Wales. Scotland and Northern Ireland have different rules and offices:

  • Scotland: Office of the Public Guardian (Scotland) – see “What is a Power of Attorney?” and the Age Scotland guide. publicguardian-scotland.gov.uk
  • Northern Ireland: Enduring Powers of Attorney are registered with the High Court (Office of Care and Protection) when capacity is lost. See NI Direct and Department of Justice resources. nidirect

The law is modernising

The Powers of Attorney Act 2023 enables further digital improvements (identity checks and hybrid/digital LPAs subject to secondary legislation). Keep an eye on GOV.UK for commencement updates and new guidance. Legislation.gov.uk

FAQs: Power of Attorney in the UK

1) What is a Power of Attorney?
 A legal document giving another person (your attorney) authority to make decisions for you or help you make them. In England & Wales, you’ll usually use an LPA (Property & Financial Affairs; Health & Welfare). 

2) Who should I choose as my attorney?
 Someone you trust, who is 18+, financially responsible (for finance LPAs), and willing to act. You can appoint more than one and name replacements. Attorneys don’t have to live in the UK.

3) How long does LPA registration take?
 Typically 8–10 weeks including a 4-week legal waiting period, assuming forms are completed correctly. 

4) How much does it cost?
 £82 per LPA at present (reductions/exemptions available). From 17 November 2025 it’s scheduled to increase to £92. 

5) When can a Property & Financial Affairs LPA be used?
 After registration, and either immediately with your permission or only when you lack capacity, depending on what you choose in the form. 

6) When can a Health & Welfare LPA be used?
 Only when you lack capacity for that health/care decision. 

7) Do attorneys have to follow “best interests”?
 Yes. Attorneys must follow the Mental Capacity Act 2005 and the Code of Practice, always acting in your best interests. 

8) What if there’s no LPA and capacity is lost?
 A family member or friend may need to apply to the Court of Protection to be appointed deputy, a slower, costlier process than an LPA. 

9) Can I cancel my LPA later?
 Yes, if you still have capacity, you can revoke it (or remove an attorney) by sending a deed of revocation to the OPG with the original LPA. 

10) Does divorce affect my LPA?
 If your spouse/civil partner is your attorney, your LPA may end as to that attorney if you divorce/dissolve the partnership (others can continue). Check GOV.UK for details. 

11) Can I certify my own copy?
 If you have capacity, yes, GOV.UK provides the exact wording; otherwise a solicitor/notary can certify for a fee. 

12) Is there any risk of abuse?
 Safeguards exist. The OPG investigates concerns (11,266 concerns in 2024–25; 3,823 investigations). Choosing trustworthy attorneys, setting clear instructions, and reviewing records help prevent issues.

How MAR Legal can help

We make the process clear, fast and safe:

  • Advice call: which type of Power of Attorney fits your needs.
  • Drafting: tailored instructions/preferences; life-sustaining treatment wording; joint vs joint-and-several decisions.
  • Checks: signing order, witnesses, certificate provider, no avoidable rejects.
  • Registration & follow-through: submission to OPG, dealing with queries, and providing certified copies.

Ready to get started?
 Call +44 (0)161 491 3933 (click to call: tel:+441614913933)
Email: info@marlegal.co.uk
Or message us via our Contact page.

Useful official links: Power of Attorney in the UK

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