Power of Attorney

Power of Attorney allows you to legally appoint someone you trust to make important decisions on your behalf. Whether you need help managing your finances, arranging your care, or both, we can connect you with experienced solicitors who will guide you through the process.

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What is a Power of Attorney?

A Power of Attorney is a legal document that gives someone you trust (known as an attorney) the authority to make decisions on your behalf. This could be about your finances, property, health, or welfare.

Creating a Power of Attorney ensures your wishes are followed and important matters are handled by someone you choose, rather than leaving it to chance.

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Power of Attorney

Power of Attorney For Individuals

Most people choose to arrange power of attorney for themselves, based on their individual needs and considerations. This is simple to do, and you can compare quotes for up to four legal experts to help you make your power of attorney.

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Power of Attorney For Couples

It is possible to arrange power of attorney as a couple. You will still have individual documents, but your paperwork will ensure you can act as attorney for your partner, and vice versa. Whether you are married or not, you still need power of attorney.

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Types of Power of Attorney

When arranging a Power of Attorney in the UK, it is important to understand the different types available so you can choose the one that best suits your needs. The right choice will depend on whether you want help with financial decisions, health and care decisions, or both.

There are two main types of Power of Attorney:

1. Lasting Power of Attorney

A Lasting Power of Attorney gives your chosen attorney or attorneys the legal authority to act on your behalf. It remains valid if you lose mental capacity, making it essential for long-term planning. There are two types of Lasting Power of Attorney:

Lasting Power of Attorney for Property and Financial Affairs

This type of Power of Attorney allows your attorney to handle your money, property, investments, and bills.

  • Can be used immediately after being registered, with your permission, or only if you lose mental capacity.
  • Tasks may include selling your home, paying your mortgage, arranging property repairs, and managing bank accounts.
  • You can limit the attorney’s powers by adding specific instructions when setting it up.

Lasting Power of Attorney for Health and Welfare

This type of Power of Attorney gives your attorney the right to make decisions about your medical treatment, care arrangements, daily routine, and where you live, for example moving into a care home.

  • Can only be used once you have lost mental capacity.
  • You must decide whether your attorney can make decisions about life-sustaining treatment. To better understand the process and responsibilities, see our complete guide to Power of Attorney.

2. Ordinary Power of Attorney

An Ordinary Power of Attorney is only valid while you still have mental capacity. It is generally used for short-term situations, such as:

  • Managing finances while you are abroad
  • Handling your affairs if you are in hospital
  • Helping with banking if you cannot easily get to a branch

You can restrict your attorney’s authority to specific tasks. For example, managing one bank account but not your property.

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How do I set up a Lasting Power of Attorney?

Setting up a Lasting Power of Attorney is one of the most important steps in protecting your future. It gives someone you trust the authority to make decisions on your behalf if you lose mental capacity.

Because the process can be complex, with strict rules on signing and registration, it is best to seek support from experienced professionals or solicitors who can ensure everything is done correctly.

To get started, compare quotes from trusted Power of Attorney solicitors today.

How much does it cost to set up a Lasting Power of Attorney?

The cost of setting up a Lasting Power of Attorney (LPA) depends on whether you choose to handle the application yourself or use a professional.

  • Office of the Public Guardian (OPG) registration fee: £82 per document. If you set up both a Property and Financial Affairs LPA and a Health and Welfare LPA, you will need to pay this fee for each. Some people may qualify for a fee reduction or exemption depending on their income.
  • Using a solicitor or professional service: Many people prefer to use a solicitor or legal professional to ensure the forms are completed accurately and avoid delays or rejections. Fees typically range from £250 to £800 per document, depending on the level of advice and support required.

While it may seem more cost-effective to complete the paperwork yourself, mistakes can lead to additional costs and delays. Using a solicitor gives you peace of mind that your Lasting Power of Attorney is set up correctly and legally valid.

To get started, compare quotes from trusted Power of Attorney solicitors today.

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Frequently asked questions

Usually even if you want to make small changes, you will have to cancel your old Power of Attorney and register a new one.

Once your Power of Attorney is submitted to the Office of the Public Guardian, it is official.

If you are registering your Lasting Power of Attorney forms yourself without legal advice, it costs £82 to submit each form, if you do both a financial Power of Attorney and a health and welfare Power of Attorney, it will cost £164 to register. However, if your situation is more complex, the costs will be more. There are often fixed rate fees, especially if you are making your Lasting Power of Attorney with a spouse.

You can easily find a legal expert on The Law Superstore to help you make your Lasting Power of Attorney, whether that’s for health, finances or both.

You will choose your attorneys who can act on your behalf, and you'll also outline how you'd like them to make decisions for you. You can also assign back up attorneys and people to be informed of the situation. When filling out a healthcare Lasting Power of Attorney you will need to put your preferences about things like life-sustaining treatment and how much authority your attorneys have to make those decisions for you.

If you are concerned that Power of Attorney was set up when the person was not of sound mind, or that the attorney is not acting in their best interests, you can speak to a lawyer. It is quite difficult to override Power of Attorney unless it's clear the attorney is not acting in the way expected of them.

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