What Is Power of Attorney?
Who would pay your bills, manage your bank account or make decisions about your medical care if you could not do it yourself? A power of attorney answers that question in advance, while you are still able to choose. It is one of the most useful legal documents you can make, and one of the most misunderstood.
This guide explains what power of attorney is, the different types, how to set one up, and what the person you appoint can and cannot do. It focuses on England and Wales, where the main form is the lasting power of attorney, and notes how the rules differ in Scotland, Northern Ireland and the United States.
⚡ Quick Answer
A power of attorney is a legal document in which one person, the donor, gives another person, the attorney, authority to make decisions on their behalf. In England and Wales there are two main types of lasting power of attorney (LPA): one for property and financial affairs, and one for health and welfare. An LPA must be made while the donor still has mental capacity, and it must be registered with the Office of the Public Guardian before it can be used — registration costs £92 per LPA and takes around 8 to 10 weeks. A health and welfare LPA can only be used once the donor loses capacity, while a property and financial affairs LPA can be used with the donor’s permission even while they still have capacity. An ordinary power of attorney covers financial matters for a limited time and ends if the donor loses mental capacity.
A power of attorney ends when the donor dies — it is not a substitute for a will. This article is general information, not legal advice. If you are making an LPA for yourself or for a family member, check the current guidance on GOV.UK or consult a qualified solicitor.
Contents
What Is a Power of Attorney?
A power of attorney is a legal document in which one person, the donor, gives another person, the attorney, the power to act and make decisions on their behalf. The attorney is not a lawyer — the word simply means someone appointed to act for another person. The arrangement can cover finances, property, health and welfare, or a specific task, depending on the type of document.
People make powers of attorney for many reasons. Some plan ahead for old age or illness, so that a trusted person can step in if they lose the ability to make decisions — known as losing mental capacity. Others need a temporary arrangement, for example while they are abroad, in hospital, or recovering from an operation, and want someone to be able to pay bills or deal with their bank on their behalf.
The important point is timing. A lasting power of attorney must be made while the donor still has mental capacity to understand what they are signing. Once capacity is lost, it is too late to make one, and the family must instead apply to the Court of Protection for a deputyship order — a slower, more expensive and more intrusive process. Making a power of attorney early is therefore a form of insurance: you hope never to need it, but it is far harder to get one when you do need it.
The Types of Power of Attorney
In England and Wales, the main types are the lasting power of attorney, the ordinary power of attorney, and — for older documents only — the enduring power of attorney.
Ordinary power of attorney. Also called a general power of attorney, this is a short-term arrangement for financial and legal affairs. It is made as a deed under the Powers of Attorney Act 1971, and it suits temporary situations such as a hospital stay or a long trip abroad when someone needs to manage your money for a set period. It only works while you still have mental capacity, and it lapses if you lose it.
Lasting power of attorney (LPA). Introduced by the Mental Capacity Act 2005, the LPA is the most common form of power of attorney. It continues to work after the donor loses mental capacity, which is why most people planning ahead choose it. There are two separate LPAs — one for property and financial affairs and one for health and welfare — and each is its own legal document with its own registration fee.
Enduring power of attorney (EPA). EPAs were replaced by LPAs in 2007, and no new EPAs have been made since 1 October 2007. An EPA made before that date remains valid, but it must be registered with the Office of the Public Guardian as soon as the donor’s mental capacity starts to fail. For more detail on the legal framework, see Wikipedia’s article on power of attorney and Wikipedia’s guide to lasting powers of attorney.
Property and Financial Affairs LPA
A property and financial affairs LPA lets your attorney make decisions about your money and property. That includes operating your bank accounts, paying bills, claiming benefits and pensions, managing investments, and selling your home if necessary. It can be used as soon as it is registered, with your permission, while you still have capacity — or you can specify that it should only be used once you lose capacity.
You can appoint up to four attorneys. They can act jointly, meaning they must all agree on every decision, or jointly and severally, meaning any one of them can act alone. Joint decision-making is safer but slower; acting jointly and severally is more practical for day-to-day finances, and it is the more common choice. You can also name replacement attorneys who step in if your first choices cannot act.
The donor can add instructions and preferences to an LPA. Instructions are binding — for example, “my attorney must not sell my home without a medical report confirming I cannot return to it” — while preferences guide the attorney without binding them, such as “I would prefer my investments not to include tobacco companies”. Keep instructions clear and practical: an instruction the attorney cannot understand or follow can delay or prevent registration. The Office of the Public Guardian can reject an LPA with unworkable instructions.
Health and Welfare LPA
A health and welfare LPA covers decisions about your daily routine, medical care, moving into a care home, and life-sustaining treatment. Unlike the financial LPA, a health and welfare LPA can only be used once you lack the mental capacity to make the relevant decision yourself. That is a key protection: while you can still decide for yourself, nobody can decide for you.
The most sensitive decision in a health and welfare LPA is life-sustaining treatment — treatment that keeps you alive, such as being put on a ventilator. As the donor, you must choose whether your attorneys have authority to give or refuse consent to life-sustaining treatment. If you do not give them that authority, doctors will make the decision in your best interests, and your attorneys cannot override it. You can record your wishes about medical treatment in an advance decision, often called a living will, which works alongside an LPA and is binding on doctors if it meets the legal requirements.
A health and welfare LPA is one of the few documents that lets a trusted person speak for you about your care. If you want to learn more about health-related planning, our Health section covers care and wellbeing topics, and our Law section covers the legal documents that sit alongside an LPA.
Choosing Your Attorneys
Choosing attorneys is the most important decision in the whole process. An attorney has real power over your money and your care, so choose people you trust completely, who are organised, and who are willing to take on the responsibility. Most people choose a spouse, adult children, siblings or close friends. Attorneys must be 18 or over and have mental capacity themselves, and the person you choose must agree to be appointed — you cannot force the role on anyone.
Think about practical matters too. Your attorneys should be people who can manage money competently, get on with each other if there are several, and be available when needed. A professional attorney, such as a solicitor or accountant, is an option, but they charge for their time, and fees come out of your money. Before you finalise your choices, talk to the people you have in mind: explain what the role involves, check they are willing, and make sure they understand that as attorneys they must act in your best interests at all times.
How to Make and Register an LPA
You can make a lasting power of attorney online through the GOV.UK service or by using paper forms from the Office of the Public Guardian. The steps are:
1. Choose your attorneys and, if you want, replacement attorneys. Decide whether they act jointly or jointly and severally, and note any instructions or preferences.
2. Choose a certificate provider. This is an independent person who confirms you understand what you are signing and are not being pressured. It can be a professional, such as a solicitor or doctor, or someone who has known you well for at least two years and is not a family member or an attorney.
3. Sign in the right order. The donor signs first, then the certificate provider, then the attorneys, then the witnesses. Everyone must sign the same original paper document — an LPA still has to be printed and signed by hand, even though a general power of attorney can now be signed electronically. The Powers of Attorney Act 2023 is modernising the system, including new identity checks and changes to objections, but as of late 2026 the main registration changes are not yet in force and GOV.UK still requires a signed paper original.
4. Register with the Office of the Public Guardian. Registration costs £92 for each LPA, so making both types costs £184. GOV.UK says registration takes 8 to 10 weeks if the application contains no mistakes. You can register while you still have capacity, and the LPA can only be used once registration is complete.
Mistakes cause delays. The most common errors are signing in the wrong order, missing signatures, the wrong witness, or ambiguous instructions. Read every page carefully, and consider asking a solicitor to check the forms before you send them. A solicitor can also advise if your situation is unusual, for example if you own a business or have assets abroad.
What Attorneys Can and Cannot Do
Attorneys must follow the five principles of the Mental Capacity Act 2005: a person is presumed to have capacity, must be helped to make their own decision where practicable, may make unwise decisions, and any decision made for them must be in their best interests and the least restrictive option available. Attorneys must keep the donor’s money separate from their own, keep records of what they do, and not benefit themselves from their position.
There are clear limits. An attorney cannot make or change the donor’s will, cannot make large gifts of the donor’s money without permission from the Court of Protection, cannot consent to a marriage or a divorce on the donor’s behalf, and cannot make decisions about life-sustaining treatment unless the health and welfare LPA specifically gives them that authority. An attorney who abuses their position can be investigated by the Office of the Public Guardian, removed, and in serious cases prosecuted.
An LPA can be revoked by the donor while they still have capacity, by sending the Office of the Public Guardian a deed of revocation. It also ends on the donor’s death, or if a sole attorney can no longer act. If you want to understand how a power of attorney fits with a will, our Law section includes a guide to making a will, which explains the two documents side by side.
Scotland, Northern Ireland and the United States
An LPA made in England and Wales is legally binding only in England and Wales. Scotland and Northern Ireland have their own forms and registration procedures: in Scotland the document is a continuing power of attorney for finances, or a welfare power of attorney for health and welfare, and it is registered with the Office of the Public Guardian Scotland. If you move between UK nations, your arrangements may need to be remade.
In the United States, powers of attorney are governed by state law, so the details vary. Most states recognise a durable power of attorney, which — like an LPA — continues after the principal loses capacity, and many states have a health care power of attorney, sometimes combined with a living will or advance directive. The terminology differs, but the purpose is the same: to let a trusted person act for you when you cannot act for yourself.
Frequently Asked Questions
Can I make a power of attorney for someone who has already lost capacity?
No. A lasting power of attorney must be made while the donor still has the mental capacity to understand it. If capacity is already lost, the family must apply to the Court of Protection to be appointed as a deputy — a longer and more expensive process.
How much does a lasting power of attorney cost?
Registration with the Office of the Public Guardian costs £92 for each LPA in England and Wales, so both types cost £184. Making an LPA yourself using the GOV.UK service costs only the registration fee; a solicitor’s help costs extra, typically a few hundred pounds.
Does a power of attorney end when the donor dies?
Yes. A power of attorney, and an LPA, ends on the donor’s death. After death, the donor’s will and their executors take over. A power of attorney is not a substitute for a will.
Can an attorney sell the donor’s house?
Yes, under a property and financial affairs LPA, if selling the house is in the donor’s best interests — for example, to pay for care-home fees. The attorney must keep records and may need to consult the Court of Protection in some circumstances, for example if the donor’s share of the home is held in trust.
Can I revoke a power of attorney?
Yes, while you still have mental capacity, by sending the Office of the Public Guardian a deed of revocation. If the LPA was registered, the original document must be returned so the registration can be cancelled.
This article is general information, not legal advice. Powers of attorney differ by jurisdiction, and the registration fees and procedures change over time. If your situation is complex, or you need an LPA for a family member whose capacity is in question, consult a qualified lawyer in your jurisdiction.
