What is a Power of Attorney UK?

A Power of Attorney is a legal document letting you appoint someone to make decisions for you if you can't. In England and Wales, Lasting Power of Attorney (LPA) comes in two types: Health and Welfare (medical decisions) and Property and Financial Affairs (money decisions).

How much does a Lasting Power of Attorney cost UK?

Registration fee: £82 per LPA (so £164 for both types). Solicitor fees: £300-£600 per LPA if using professional help. Total with solicitor: £600-£1,500 for both LPAs. You can do it yourself for just the registration fees. Fee exemptions available for low income.

At what age should you get Power of Attorney UK?

While typically set up by older adults, it's wise to have LPAs from age 18+. Accidents and illness can happen at any age. You must have mental capacity when setting up — you can't create one after losing capacity. Better to have it and not need it.

What is the difference between LPA and Enduring Power of Attorney UK?

Enduring Power of Attorney (EPA) only covers property and financial matters and can't be created anymore (replaced by LPA in 2007). Existing EPAs remain valid. LPA covers both finances and health/welfare and has more safeguards built in.

Power of Attorney UK — Complete Guide to LPAs | PocketWise

If you are planning wills, attorney roles, probate steps, and family handover tasks together, use the Estate Planning Hub for the full route map.

Power of Attorney ensures someone you trust can manage your affairs if you can’t. Here’s everything you need to know.

Understanding Power of Attorney

Types in England and Wales

Type	What It Covers
Property and Financial Affairs LPA	Money, bills, property, benefits
Health and Welfare LPA	Medical care, residence, daily care

When Each Can Be Used

LPA Type	When Attorney Can Act
Property and Financial Affairs	Immediately (if you choose) or when you lack capacity
Health and Welfare	Only when you lack mental capacity

Why You Need Both

Situation	Which LPA
Paying bills while in hospital	Property and Financial
Deciding on care home	Health and Welfare
Selling house for care fees	Property and Financial
Consenting to treatment	Health and Welfare
Managing investments	Property and Financial
End-of-life decisions	Health and Welfare

Setting Up an LPA

Who Can Make One

Requirement	Details
Age	18 or over
Mental capacity	Must understand what you’re doing
Your choice	No one can force you

Who Can Be an Attorney

Suitable	Not Suitable
Family member	Under 18
Close friend	Bankrupt (for financial LPA)
Professional	Someone you don’t trust
Multiple people	Criminal history (relevant)

Choosing Your Attorney(s)

Consideration	Think About
Trustworthiness	Completely trustworthy?
Ability	Can manage the responsibilities?
Availability	Around when needed?
Relationship	Likely to stay in your life?
Location	Practical access to you?

Multiple Attorneys

Option	Meaning
Jointly	Must all agree on everything
Jointly and severally	Can act together or separately
Jointly for some, severally for others	Mixed approach

| Recommendation | Jointly and severally (most flexible) |

The LPA Process

Step-by-Step

Step	Action
1	Decide on attorney(s)
2	Complete LPA forms
3	Choose certificate provider
4	Sign in correct order
5	Register with OPG
6	Wait for registration (8-10 weeks)

Certificate Provider Role

Who Can Do It	Requirements
Someone who’s known you 2+ years	Not family or attorney
Professional (doctor, solicitor, etc.)	Can know you less time
Their job	Confirm you understand and aren’t pressured

Signing Order

Order	Who Signs
1	You (donor)
2	Certificate provider
3	Attorneys
4	Register with OPG

Costs

Registration Fees

Item	Cost
Each LPA registration	£82
Both LPAs	£164
Fee exemption	If on means-tested benefits
Fee reduction	50% if income under £12,000

Professional Help Costs

Service	Typical Cost
Online services	£100-£200 per LPA
Solicitor	£300-£600+ per LPA
Specialist will writer	£200-£400 per LPA

DIY vs Professional

DIY	Professional
Just registration fees	Higher cost
Time-consuming	Quicker
Risk of mistakes	Expert guidance
Suitable if straightforward	Better for complex situations

What Attorneys Can Do

Property and Financial Affairs

Can Do	Cannot Do
Access bank accounts	Make new will for you
Pay bills	Change existing will
Manage investments	Give gifts beyond reasonable
Sell property	Benefit themselves unfairly
Claim benefits	Ignore your wishes
Sign contracts	Act against your interests

Health and Welfare

Can Decide	Cannot Decide
Medical treatment	Against your advance decision
Where you live	Consent to marriage
Daily care	Consent to sex
Who visits you	Take away your liberty
End-of-life (if specified)	Vote on your behalf

Life-Sustaining Treatment

Choice	Meaning
You can give authority	Attorney can refuse treatment
You can withhold	Attorney cannot refuse life-sustaining
Important decision	Think carefully

Without Power of Attorney

What Happens

Situation	Without LPA
You lose capacity	No one can act for you
Bills need paying	Accounts frozen
Medical decisions	Doctors decide
Selling house	Court required
Care arrangements	Potentially stuck

Court of Protection

If No LPA	Court of Protection
Family applies	To become deputy
Cost	£400+ application + ongoing supervision
Time	Months to arrange
Control	Court oversees everything
Much more difficult	Than having LPA

Using an LPA

Registering with Organisations

Who to Notify	Why
Banks	Access to accounts
Utility companies	Manage bills
HMRC	Tax matters
Benefits agencies	DWP, council
Care providers	Health decisions

Attorney’s Duties

Duty	Meaning
Act in best interests	What’s best for you
Have regard to wishes	Your stated preferences
Keep records	Of decisions made
Keep assets separate	From their own
Not delegate	Unless specified
Consider capacity	You may still have some

Safeguards

Protection	Details
Registration required	OPG holds record
Objection period	Before registration
OPG supervision	Can investigate concerns
Court of Protection	Can remove attorneys

Scotland and Northern Ireland

Scotland

Document	Covers
Continuing Power of Attorney	Financial matters
Welfare Power of Attorney	Health and welfare
Register with	Office of the Public Guardian (Scotland)

Northern Ireland

Document	Covers
Enduring Power of Attorney	Financial affairs only
No welfare LPA	Currently being developed
Different forms	NI specific

Summary: LPA Checklist

Setting Up

Step	Done
Decide if you need both LPAs	☐
Choose attorney(s)	☐
Decide jointly/severally	☐
Choose certificate provider	☐
Complete forms	☐
Sign in correct order	☐
Register with OPG	☐

Choosing Attorneys

Consider	Answered
Who do I trust completely?
Who is capable?
Who will be available?
Should I have backups?

Information to Include

Preferences	For Health and Welfare
Care preferences
Religious/cultural needs
Life-sustaining treatment view
Who should be consulted

Key Contacts

Organisation	Contact
Office of the Public Guardian	gov.uk/opg
OPG helpline	0300 456 0300
Citizens Advice	Free guidance

Having an LPA is one of the kindest things you can do for your family. Without one, simple tasks become expensive legal nightmares. Set it up while you can — you must have mental capacity, and you never know when you might need it.

Power of Attorney UK — Complete Guide to LPAs

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