The Power of Attorney Gap: Why So Many UK Adults Leave It Too Late

Most people in the UK say they’re planning for the future with things like pensions or life insurance. But very few have sorted out a power of attorney—even though it’s one of the most important documents you can put in place.

That gap is bigger than most people realise. A 2022 study for Canada Life UK found that 78% of UK adults do not have a Lasting Power of Attorney (LPA) in place – including 77% of those over 55, the very group most at risk of losing capacity through illness, stroke or dementia.

At the same time, record numbers of people are applying—but often too late, after a sudden illness or accident. When that happens, families can’t easily make decisions and may need to involve the courts. The Office of the Public Guardian (OPG) received over one million LPA applications in 2022–23, the first time it has passed that milestone. In 2023, applications jumped again, with reports of more than one million LPAs registered in a single year – around a 37% increase in 2022.

So more people than ever are acting – but most are still leaving it late. And for a significant minority, it’s too late: illness or accident strikes before the paperwork is in place, and families are left navigating the courts instead of focusing on care.

This article explores:

• Practical steps to put one in place while you’re still in full control
• What a power of attorney UK arrangement actually is
• Why so many people put it off
• What UK law says about capacity and decision-making
• The real-world consequences of leaving it too late

What is a power of attorney in the UK?

In everyday conversation, “power of attorney” is used as a catch-all phrase. In England and Wales, the main legal tool is the Lasting Power of Attorney (LPA), created under the Mental Capacity Act 2005.

A power of attorney is a legal document that lets you choose someone you trust to make decisions for you if you ever can’t make them yourself.

You’re not giving up control. You’re simply choosing who would step in if something went wrong.

There are two types:

1. Property and Financial Affairs LPA

This lets someone help with things like:

• paying bills
• managing bank accounts
• selling or buying a home
• looking after savings or investments

2. Health and Welfare LPA

This covers:

• medical treatment
• where you live
• day-to-day care decisions

You can choose one type or both. They only come into play if you want them to—or if you lose the ability to decide for yourself.

You can make one, or both. Each type must be registered with the Office of the Public Guardian before it can be used, even if you still have capacity at the time of registration.

Scotland and Northern Ireland have their own systems – “continuing” and “welfare” powers of attorney in Scotland, and enduring and controllership arrangements in Northern Ireland – but the core idea is similar: you are choosing in advance who will speak and act for you if you cannot.ry. follows the law, is written in plain English, and answers the questions that usually cause arguments later – hours, pay, duties, holiday and what happens if things change or go wrong.plexity and maximum strategic advantage. Especially for those planning to operate internationally or relocate as entrepreneurs, free zones offer a compelling platform.

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The power of attorney gap in the UK – what the numbers show

More people than ever are registering LPAs, but the majority of UK adults still don’t have one. This creates a gap:

People know they should sort it out, but most put it off until it’s too late.

This delay has consequences:

• If you apply but make a mistake, the forms are rejected (and this is happening a lot).
• If you lose capacity suddenly, it’s too late to make one.
• Your family may need to go to court, which is slow, stressful and expensive.
  

On paper, the UK looks like a success story:

• LPA applications up nearly 20% between 2021 and 2022, with 848,896 LPAs registered in 2022 alone.
  Over one million LPA applications recorded by the OPG in 2022–23 – a record high.
• Around 1.5 million LPA registrations in 2024, according to recent reporting, although rejections have also surged.

Yet those numbers sit alongside statistics showing that the majority of UK adults still have no power of attorney at all.

This is the power of attorney gap:

A growing awareness of the need to plan – but a stubborn tendency to delay until the very last moment.

That delay has real-world consequences. Recent data shows:

• In 2024, lasting power of attorney rejections increased by around 199% compared with 2021, with 133,760 applications rejected, often for avoidable errors like signatures in the wrong order, illegible handwriting or incorrect information.
• Those rejections cost families an estimated £5 million in lost fees, because a reduced £41 fee applies to rejected applications, and fresh fees are required if the paperwork has to be resubmitted after three months.
• Standard LPA registration still takes around 40–50 days when everything is correct and no objections are raised, and more complex cases can take several months.

When people leave their planning to the last minute – for example after a serious diagnosis – those delays, rejections and backlogs can be the difference between having a valid LPA in time, and having no legal authority in place when capacity is lost.

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Why do so many people leave power of attorney until it’s too late?

Most people do not consciously decide to take the risk. Instead, the gap tends to appear for a mix of emotional and practical reasons.

1. “I’m not old enough yet”

Because powers of attorney are often talked about alongside dementia, many adults assume they’re something to look at in their 70s or 80s.

In reality, illnesses and accidents can affect capacity at any age. The NHS guidance on the Mental Capacity Act makes clear it applies to anyone over 16 who may be unable to make certain decisions for themselves – for example because of serious mental health problems, brain injury, learning disabilities or severe illness.

Increasingly, younger adults are recognising this. Data for 2024 shows LPA registrations among 18–24-year-olds up over 200%, and similarly large increases in the 25–34 age group, as more people in work and with mortgages realise that capacity isn’t only an “old age” issue.

2. “My partner can just decide for me”

A common assumption is that a spouse or civil partner will automatically be able to:

• Access your bank accounts
• Deal with your pension provider
• Sign documents to sell or remortgage a jointly-owned home
• Make final decisions about care, treatment or moving into a care home

In law, it doesn’t work like that. Without a valid LPA (or equivalent), financial institutions, local authorities and NHS teams may be unable or unwilling to act on a partner’s wishes alone. Decisions may instead be taken:

• By professionals applying the Mental Capacity Act “best interests” test, or
  
• By the Court of Protection, via a deputyship order for finances and property.
  

Your partner’s views are considered, but they do not automatically have the final say.

3. “It’s too complicated”

The forms and guidance can feel daunting, especially if you’re not comfortable with legal language or online processes. The OPG’s own statistics show how easy it is to make mistakes – and how costly rejections can be.

In practice, the concepts are straightforward, but people often need:

• Plain-English explanations
• Real-life examples
• Someone to sense-check the decisions they’re making

Without that support, it’s tempting to put the whole topic on the “later” pile.

4. “Talking about this feels morbid”

For many families, conversations about losing capacity, serious illness or end-of-life care are uncomfortable. It can feel easier to avoid them – particularly where there are already tensions about money, property or inheritance.

Yet the irony is that avoiding these conversations doesn’t remove the risk; it hands control to strangers if the worst happens.

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What does UK law say about decision-making and capacity?

The Mental Capacity Act 2005 says:

• You’re assumed to have capacity unless proven otherwise.
• People should be helped to make their own decisions.
• Making an unusual choice doesn’t mean you lack capacity.
• If someone can’t decide for themselves, any decision must be in their best interests.

The Mental Capacity Act 2005 sets the framework for all decisions made on behalf of adults who may lack capacity in England and Wales.

Its key principles are:

1. Presumption of capacity – every adult is assumed to have capacity unless proven otherwise.
2. Support to make decisions – people should be helped to make their own decisions where possible.
3. Right to make unwise decisions – making an unusual or risky decision does not mean someone lacks capacity.
4. Best interests – any decision made on behalf of someone who lacks capacity must be in their best interests.
5. Least restrictive option – choices should interfere as little as possible with the person’s rights and freedoms.

A power of attorney UK arrangement sits inside this framework. While you have capacity, you are choosing who you want to step into your shoes if you later cannot decide for yourself.

If there’s no LPA, the law still provides a safety net – but it’s more rigid and impersonal. Decisions may be made by:

• Health and social care professionals, relying on the “best interests” test; or
• A deputy appointed by the Court of Protection, usually for financial decisions.
  

Either way, you lose the opportunity to:

• Choose who makes decisions
• Give clear guidance on how they should be made

Protect loved ones from stress, delay and extra cost

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What happens if you lose capacity without a power of attorney?

Imagine the following scenario.

You’re in your late 60s. You’ve been meaning to put something in place, but life has been busy and you’re in good health. Then you suffer a major stroke. Suddenly:

• You can’t manage online banking or remember passwords
• Direct debits need changing, and bills need paying
• Your home may need adaptations – or you may need to move
• Complex decisions about treatment and ongoing care have to be made
  

Without a registered LPA, your family have to apply to the Court of Protection for a deputyship order to manage your finances. That process typically involves:

• Detailed paperwork
• Medical evidence of your loss of capacity
• Court application fees (currently higher than LPA registration fees)
• Ongoing supervision fees for deputies
• An insurance bond and regular reporting to the OPG

While all this is underway, accounts may be frozen, investments left unmanaged, and relatives may struggle to cover immediate costs.

In the meantime, your health and welfare decisions are made by professionals applying “best interests” – sometimes with limited understanding of your personal values, religious beliefs or family dynamics.

The difference with a properly prepared power of attorney is stark:

Loved ones have the legal status they need for difficult conversations with banks, care providers and the NHS.
d redundancy packages, especially in larger organisations or under collective agreements, but they cannot pay less than the statutory minimum where it applies.

Attorneys can usually step in as soon as the LPA is registered and valid, with no court process.

Financial continuity is easier to preserve.

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When should you get a power of attorney in the UK?

A common question is: “When is the right age?”

From a legal perspective, you can make an LPA any time after your 18th birthday, as long as you have mental capacity and understand what you’re signing.

From a practical point of view, you should strongly consider a power of attorney when:

• You have a mortgage or significant savings/investments
• You are in a long-term relationship, married or in a civil partnership
• You have children or other dependants
• You run a business or are a company director
• You have health conditions that could affect capacity down the line

The safest answer to “When should I get a power of attorney?” is:

“While you’re still healthy enough that it feels early.”

If you wait until you need it, you risk leaving it too late.

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The rise of younger applicants – not just an “old age” issue

Recent data shows a striking trend:
applications for LPAs have risen over 200% among 18–24-year-olds and 25–34-year-olds in the last few years.

What’s driving this?

• Digital literacy – younger adults are more comfortable with online legal processes.
• Property and business ownership – more people are buying homes, investing and starting companies earlier.
• Awareness of sudden illness or accident – the pandemic highlighted how quickly health can change, even for those in their 30s and 40s.

For younger adults, a power of attorney can act as a continuity plan: if you’re incapacitated temporarily after an accident, your attorneys can keep the finances of your life – and possibly your business – running smoothly until you recover. pay altogether.

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How to set up a power of attorney in the UK – step by step

In England and Wales, the basic process for an LPA is:

1. Choose your attorneys
   
   • You can appoint one or more people.
   • They must be over 18 and not bankrupt (for financial LPAs).
   • They should be people you trust, with the time, skills and willingness to act.
     
2. Decide how they will act
   
   • Jointly (must act together on all decisions),
   • Jointly and severally (can act together or independently), or
   • A mixture – for example, large decisions jointly, routine tasks separately.
     
3. Complete the LPA forms
   
   • Property and financial affairs LPA
   • Health and welfare LPA
     You can complete these online or on paper.
     
4. Sign in the correct order
   
   • You, as the donor, sign first.
   • A certificate provider then confirms you understand what you’re doing and are not under pressure.
   • Your attorneys sign to accept their role.
     
5. Notify relevant people (optional but wise)
   You can name people to be formally notified before the LPA is registered. That gives them a chance to raise concerns if, for example, they suspect undue influence.
   
6. Register with the Office of the Public Guardian
   
   • Pay the registration fee (currently £82 per LPA in England and Wales; set to rise to £92 from 17 November 2025).
   • Apply well in advance – standard processing can still take several weeks.
     
7. Store and share safely
   
   • Keep the original safe.
   • Supply certified copies to banks, pension providers and others as needed.

Many people choose to have professional help drafting or reviewing the documents, particularly where:

• There are complex family dynamics (e.g. blended families)
• Significant wealth or business interests are involved
• They want bespoke instructions and preferences included

This can reduce the risk of errors that might lead to rejection or disputes later on.

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Avoiding the common mistakes that lead to rejection

Given the sharp rise in rejected applications, it’s worth being aware of frequent pitfalls.

Typical errors include:

• Signatures in the wrong order – the donor, certificate provider and attorneys must sign in the prescribed sequence.
• Missing or incorrect dates – every signature must be dated, and dates must be logically consistent.
• Illegible handwriting or corrections – crossing out and rewriting can make the document unclear.
• Contradictory instructions – for example, saying attorneys must act jointly in one section and jointly and severally in another.
• Incomplete details – such as missing middle names, addresses or tick-box choices.
  

To minimise risk:

• Read the guidance notes carefully and take your time.
• Use black ink and write clearly if completing by hand.
• Avoid crossing out; reprint pages where necessary.
• Ask a professional to review the forms before signing and sending.

Given that rejected applications in recent years have cost families millions in lost fees and delayed protection, this extra layer of care is worth it.

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Choosing the right attorneys – more than a name on a form

Appointing an attorney is not just a box-ticking exercise; it’s a serious decision about who will hold significant power over your life and finances.

When choosing attorneys, consider:

• Trust – do you trust them completely to act in your best interests?
• Practicality – are they organised and good with paperwork?
• Location – do they live close enough to be involved if decisions are urgent?
• Age and health – are they likely to outlive you or remain capable long term?
• Relationships – will multiple attorneys be able to work together without conflict?

You can also name replacement attorneys, who step in if your first choice can no longer act. This is especially important if your main attorney is close to your own age.

Within the LPA, you can add:

• Legally binding instructions – for example, limiting certain powers or requiring joint decisions for high-value transactions.
• Non-binding preferences – guidance about your wishes, values or priorities (for instance, views on care homes, religious observance or investment risk).

Thoughtful use of these sections can help attorneys make decisions that truly reflect who you are, not just what the law would permit.

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Integrating power of attorney into your wider life plan

A power of attorney is one piece of a wider planning jigsaw. It sits naturally alongside:

• A valid, up-to-date will
• Life insurance and pensions
• Business succession plans (for company directors or partners)
• Property ownership arrangements (joint tenancy vs tenants in common)

Handled well, it can:

• Provide continuity for your family’s finances
• Protect vulnerable relatives from sudden shocks
• Give you peace of mind that, whatever happens, the right people are authorised to act
  

For many people, the conversation about a power of attorney UK arrangement becomes the starting point for deeper discussions about values, priorities and long-term care.

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Closing the gap: acting while you still have choices

The power of attorney gap in the UK isn’t about a lack of tools. The law is already in place. The forms exist. The Office of the Public Guardian registers hundreds of thousands of LPAs every year.

The gap exists because most people wait:

• Until there’s a worrying diagnosis
• Until capacity is already beginning to waver
• Until a crisis pushes the issue to the front of the queue
  

By then, the options are narrower, the stress is higher, and the risk of court involvement is much greater.

Putting an LPA in place while you’re well is not an admission of defeat. It’s the opposite: a confident, proactive step that says:

“If I ever cannot speak for myself, I’ve already chosen who will speak, and I’ve given them the tools they need.”

If you’re over 18 and have anyone who relies on you – a partner, children, ageing parents, or even a business – now is the time to close your own power of attorney gap.