Powers of Attorney (PoA) and Lasting Powers of Attorney (LPA) provide peace of mind that, should you become unable to make decisions yourself, a trusted person you have chosen will act on your behalf. They will be able to manage your affairs in line with your wishes, ensuring important matters are handled with care and responsibility.
In this blog, we explain how to get power of attorney in the UK, outline the different types available, and discuss how long the process typically takes, so you can plan ahead with confidence and clarity.
A PoA is a formal legal document that allows you to authorise another person to make decisions and take actions on your behalf. This authority typically relates to financial matters and the management of assets, which can include selling or maintaining property, overseeing a business, accessing and operating bank accounts, paying bills, or handling investments. The individual granting this authority is known as the donor, while the person appointed to act is referred to as the attorney.
People choose to set up a PoA for a variety of reasons. It can be a practical arrangement when travelling abroad for an extended period, ensuring that financial matters continue to be managed in your absence. It is also useful during periods of ill health, such as when recovering from an operation or receiving medical treatment, when you may not be able to deal with these matters yourself. In some cases, it is put in place as a precaution, offering reassurance that important affairs will be handled smoothly if you are temporarily unable to do so.
While a PoA grants someone authority to act on your behalf for a temporary period or for specific purposes and is only valid whilst the donor has mental capacity, a Lasting Power of Attorney (LPA) is a more enduring arrangement designed to cover longer-term needs. An LPA remains valid even if you later lose the mental capacity to make your own decisions.
There are two main types of LPA:
An LPA is often put in place as a safeguard for the future, providing peace of mind that trusted individuals will be able to manage your affairs if you cannot do so yourself.
To set up a PoA or an LPA, you must have mental capacity, meaning you can fully understand the document and the decisions it allows someone else to make on your behalf. A solicitor should draft a general power of attorney for you to ensure it is suitable to your needs.
You can complete an application for an LPA online through the official GOV.UK service or by using paper forms, choosing between a Property and Financial Affairs LPA or a Health and Welfare LPA. If you are creating an LPA, a certificate provider - such as a solicitor, GP, or another independent professional - must sign to confirm you understand the arrangement and are acting voluntarily. Once completed and correctly witnessed, the LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.
If someone has already lost mental capacity and hasn’t created an LPA, you cannot set one up for them. Instead, you must apply to the Court of Protection for a Deputyship Order. This involves submitting detailed court forms, obtaining a formal mental capacity assessment, and notifying close family members or others with a connection to the person. If approved, the court appoints a deputy - often a family member or close friend - to manage finances, property, health or welfare decisions. Deputies have ongoing legal duties, including submitting annual reports to the OPG outlining all actions and financial decisions taken on the person’s behalf.
No matter your circumstances, it is always wise to seek advice from a solicitor who specialises in such matters, such as Walker Foster. We have the knowledge and experience to prepare clear and thorough PoA documentation that fully reflects your wishes and safeguards your interests - or those of your loved ones. By guiding you through each step of the process, we help you be sure that the arrangements you put in place are legally sound, practical, and tailored to provide the protection and peace of mind you need for the future.
If the application is completed correctly and without any errors, registering a PoA or LPA with the OPG typically takes around 16 to 20 weeks. This timescale includes a mandatory four-week waiting period, during which any concerns or objections can be raised. Delays can occur if there are mistakes in the paperwork, missing signatures, or if the application is returned for correction, so it is important to complete the process carefully and accurately from the outset.
In the UK, the fee to register an LPA with the OPG is £82 for each LPA. This means that if you choose to set up both types of LPA - Property and Financial Affairs and Health and Welfare - the total cost will be £164. In certain circumstances, you may be eligible for a fee reduction or exemption - for example, if you are on a low income or receive specific benefits. It is important to check the eligibility criteria before applying to ensure you pay the correct amount.
UK laws surrounding PoA and LPA can sometimes feel complex and overwhelming, especially if you are unfamiliar with the process. At Walker Foster, we can help you draft clear, comprehensive documents that accurately reflect your wishes and give you lasting peace of mind.
If you have been appointed as an attorney, we can also guide you through your responsibilities, ensuring that each decision and action you take is correct, lawful, and in line with your donor’s wishes. Our role is to provide the clarity, confidence and support you need to manage this important responsibility with care and assurance.
Speak to our Wills and Trusts team today to find out how they can help. You can contact us here to find out more.
When someone dies, everything they own - known as their estate - must be carefully managed and distributed in accordance with their wishes as set out in their will. This process involves not only passing assets to the chosen beneficiaries but also handling debts, taxes and legal formalities along the way. For many, this can be a daunting and emotional task, especially during a time of grief.
When a loved one passes away, going through the process of administering their estate will always be emotional and complex. But when the original will cannot be found, the situation becomes even more difficult - raising questions about the deceased’s true intentions and creating uncertainty for those left behind.
After talking to clients about the planning of their affairs, we at Walker Foster discovered a common misunderstanding over the difference between an executor and an attorney.
When discussing lasting powers of attorney (LPAs) with clients, usually their immediate concern is appointing an attorney to deal with their personal affairs. But this overlooks another key question: who would run your business if you were ill, or had an accident and lost capacity?
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