⚖️ Legal · Power of Attorney

What Is a Power of Attorney UK? — Complete Guide

📅 March 2026 · ⏱ 8 min read · 🇬🇧 England & Wales

A power of attorney (POA) is a legal document that gives one person — the attorney — the authority to make decisions on behalf of another person — the donor. It is one of the most important legal documents you can arrange, yet many people don't think about it until they need it urgently. This guide explains the different types, when you need one, and how to set one up.

Types of Power of Attorney in the UK

There are two main types of power of attorney in England and Wales:

1. Ordinary Power of Attorney

An ordinary POA gives an attorney authority to act on the donor's behalf for a specific purpose or time period. For example, you might grant one to allow someone to manage a property sale while you are abroad. Crucially, an ordinary POA automatically becomes invalid if the donor loses mental capacity. It is designed for situations where the donor is fully capable but temporarily unable to act for themselves.

2. Lasting Power of Attorney (LPA)

An LPA is designed specifically to remain valid even if the donor loses mental capacity. It must be registered with the Office of the Public Guardian (OPG) before it can be used. There are two types of LPA:

Property and Financial Affairs LPA — covers bank accounts, investments, property, bills and other financial matters
Health and Welfare LPA — covers medical treatment decisions, care arrangements, and where the donor lives

Important: You can only create an LPA while you have mental capacity. Once capacity is lost, it is too late — the Court of Protection would need to appoint a deputy instead, which is a far more expensive and time-consuming process.

Who Can Be an Attorney?

An attorney must be 18 or over and, for a Property and Financial Affairs LPA, must not be bankrupt or subject to a Debt Relief Order. Most people choose a trusted family member or close friend. You can appoint more than one attorney, and specify whether they must act jointly (together on every decision) or jointly and severally (independently or together).

What Can an Attorney Do?

For a Property and Financial Affairs LPA, the attorney can manage bank accounts, pay bills, collect benefits, manage investments, and buy or sell property on the donor's behalf — subject to any restrictions written into the LPA.

For a Health and Welfare LPA, the attorney can make decisions about medical treatment, care arrangements, daily routine, and where the donor lives — but only once the donor has lost capacity to make those decisions themselves.

How Much Does a Power of Attorney Cost in the UK?

The OPG registration fee for each LPA is £82 (as of 2026). You can apply for a fee reduction or exemption if you receive certain means-tested benefits. Solicitor fees for preparing an LPA typically range from £300–£500 per document, though you can prepare the LPA documents yourself using a template and save significantly on preparation costs.

Create Your Power of Attorney Documents

Covers both LPA types. Free to preview — £4.99 to download.

Create Power of Attorney → £4.99

What Happens Without a Power of Attorney?

If you lose mental capacity without an LPA in place, your family cannot automatically manage your affairs — even a spouse. They would need to apply to the Court of Protection to be appointed as a deputy. This process typically takes 6–12 months, costs several thousand pounds in legal fees, and requires ongoing annual reporting to the Court. Setting up an LPA in advance is far simpler and cheaper.