An illness or accident can happen at any age, potentially leaving you without the ability to make important decisions about your finances or personal welfare. In these circumstances, having a lasting power of attorney (LPA) in place provides clarity and legal authority for a trusted person to act on your behalf.

Without an LPA, if you lose mental capacity, your family would need to apply to the Court of Protection to manage your affairs, which can be a lengthy and costly process. Arranging a power of attorney is a practical step that helps protect your wishes and allows your affairs to be managed by someone you choose. For this reason, many legal and financial experts consider it as important as making a Will.

This guide explains the different types of power of attorney in the UK, the process for setting one up, and how professional legal advice can make sure your arrangements are secure and legally sound.

What is a power of attorney?

A power of attorney is a legal tool that lets you (the donor) choose one or more trusted people (your attorneys) to make decisions for you. The document specifies the decisions your attorney has the power to make on your behalf.

Its primary purpose is to provide a legal framework for your affairs to be managed if you lose the mental capacity to make your own decisions. Mental capacity refers to the ability to make a specific decision at the time it needs to be made. A person may lack mental capacity due to conditions like dementia, a brain injury or a severe stroke.

Understanding the types of power of attorney

In the UK, there are several types of power of attorney, each designed for different situations:

Lasting power of attorney

An LPA is the most common type used for long-term planning. To create an LPA, you must have the mental capacity to understand the document and its implications. For the LPA to become legally binding, it must be registered with the Office of the Public Guardian (OPG).

There are two distinct types of LPA, and you can choose to make one or both.

Property and financial affairs LPA

This LPA gives your chosen attorney the authority to make decisions about your money and property. This can include:

• Managing your bank account and savings.
• Paying bills and managing debts.
• Collecting benefits or your pension.
• Arranging repairs to your property.
• Selling your home.

A property and financial affairs LPA can be used as soon as it is registered with the OPG, provided you give your permission. This can be useful if you have physical difficulties but still have mental capacity, for example, if you need someone to visit the bank on your behalf.

Health and welfare LPA

This health and welfare LPA gives your attorney the power to make decisions about your personal wellbeing. This type of LPA can only be used if you lose mental capacity and are unable to make your own decisions. It can cover matters such as:

• Your daily routine (eg, washing, dressing and diet).
• Where you should live, including moving into a care home.
• Consenting to or refusing medical treatment on your behalf.
• Decisions about life-sustaining treatment, if you give your attorney specific permission in the LPA form.

Ordinary power of attorney

An ordinary power of attorney is a simpler legal document intended for temporary situations. It covers decisions about your financial affairs only, and is only valid while you still have mental capacity.

For example, you might set up an ordinary power of attorney if you need someone to manage your bank account while you are in hospital for an extended period or travelling abroad. As soon as you lose mental capacity, an ordinary power of attorney automatically becomes invalid. This type of power of attorney does not need to be registered with the OPG.

Enduring power of attorney

Enduring power of attorney was the predecessor to the LPA and was replaced in October 2007. It is not possible to make a new EPA. However, if you created and signed an enduring power of attorney before October 1st 2007, it may still be valid. EPAs cover decisions about property and financial affairs but do not extend to health and care decisions. An existing EPA can still be registered with the OPG if it has not been already.

What is the process for getting a lasting power of attorney?

Setting up an LPA involves several precise steps that must be followed correctly for the document to be valid.

Choosing your attorney(s)

The first step is to choose the person or people you want to appoint. Your attorney should be someone you trust completely to act in your best interests. An attorney must be aged 18 or over and have the mental capacity to make their own decisions.

You can appoint:

• A spouse, partner or family member.
• A close friend.
• A professional, such as a lawyer or accountant. This is more common for a property and financial affairs LPA.

When appointing more than one attorney, it is necessary to specify how they should make decisions:

• Jointly: all attorneys must agree unanimously on every decision.
• Jointly and severally: attorneys can make decisions together or on their own. This is often more practical.

You can also appoint replacement attorneys who can step in if your original choice is unable or unwilling to act.

Appointing attorneys to act jointly can create practical difficulties. Jointly appointed attorneys must agree on every decision, meaning that decisions will be delayed if one attorney is unavailable, unwell or disagrees with the others. In contrast, appointing attorneys jointly and severally allows any one of them to act independently, making it easier to manage day-to-day matters and avoid administrative delays.

Completing the LPA forms

The required LPA forms can be filled in using the GOV.UK online service or by downloading and printing the paper versions. It is important that all sections of the form are completed accurately, as any errors will need to be corrected, delaying the completion of the process.

Signing the LPA in the correct order

The LPA form needs to be signed in a specific sequence by all parties for it to be legally valid. Errors in the signing process are a common reason for applications to be rejected by the OPG, which will delay the process until the errors are corrected.

1. The donor (you): the process requires the donor to sign the LPA first. Their signature must be witnessed.
2. The certificate provider: a ‘certificate provider’ then signs to confirm that you understand the LPA and are not being pressured into making it. This person must have known you for at least two years or be a professional with relevant skills, such as a doctor, social worker or lawyer. Certain people, including a family member or your chosen attorney, cannot act as your certificate provider.
3. The attorney(s): each appointed attorney then signs the form. Their signatures must also be witnessed.

Each signature must be witnessed in person, although the donor and attorneys do not need to sign the document at the same time or in the same place, they do need to sign in accordance with the above instructions.

Registering the LPA

Once the form is completed, correctly signed and witnessed, the final step is the registration of the LPA with the OPG. The LPA is not legally binding until it has been registered. You can register it yourself, or your attorney can do it for you. An application fee is payable to the OPG when the form is sent for registration.

Common questions about powers of attorney

How much is it to get a power of attorney in the UK?

The fee to register an LPA with the OPG is currently £92 per document, following changes that came into effect in November 2025. If you create both a property and financial affairs LPA and a health and welfare LPA, the total registration fee will be £184. You may be eligible for a 50% reduction if your annual income is less than £12,000, or a full exemption if you receive certain means-tested benefits.

While you can complete the process yourself, many people seek legal advice to avoid errors. There may be fees involved to cover the cost of professional advice, preparation of the legal document, and management of the registration process.

How long does it take to get a power of attorney?

UK LPA registration with the OPG is the longest part of getting an LPA. The official target is 8 to 10 weeks, but due to backlogs, the process can take significantly longer. It is currently common for registration to take around 20 weeks (4-5 months).

Because of these timescales, it is advisable to make an LPA well in advance of it being needed.

What is the quickest way to get a power of attorney in the UK?

There is no official "fast-track" service to register an LPA with the OPG. The quickest way to get a valid power of attorney is to prepare and submit the LPA application as efficiently and accurately as possible.

The most effective way to avoid delays is to fill out the LPA form correctly, with no mistakes or omissions. Any errors can lead to the OPG rejecting the application, forcing you to start the process again. Seeking professional assistance from a lawyer is the surest way to prevent errors.

Do you need a lawyer for a power of attorney in the UK?

It is not a legal requirement to use a lawyer to make an LPA; you can complete the forms yourself. However, there are a number of key benefits to instructing a lawyer, including:

• Advice specific to your circumstances: a lawyer will discuss your personal circumstances, family dynamics and financial affairs to provide advice specific to your situation. They can help you choose the most suitable attorneys and structure their powers in a way that works for you, such as including specific instructions or preferences.
• Avoiding errors: the rules for creating and signing an LPA are very strict. A lawyer helps to oversee the accurate completion of the LPA form, from the wording used to the sequence of signatures, minimising the risk of the OPG rejecting your application. This saves time, stress and the cost of reapplying.
• Handling complex circumstances: if your affairs are complex - for example, if you own a business, have property abroad or have a complicated family structure - a lawyer’s expertise can be crucial. They can draft the power of attorney to handle these specific situations correctly.
• Assessing capacity: a lawyer is experienced in assessing mental capacity and can act as a professional certificate provider. This adds a layer of authority and helps safeguard the LPA against any future claims that you did not understand what you were signing.
• Professional oversight: knowing that a regulated professional has overseen the creation of your LPA provides confidence that the document has been prepared correctly. When the time comes, the legal document will be valid and effective, allowing your attorney to manage your affairs smoothly and without dispute.

If you are considering putting an LPA in place or have questions about the process, Walker Foster’s wills and trusts team is here to provide clear, dependable guidance.

Take a look at the following guides for more information:

• Our ultimate power of attorney guide
• Who can override a lasting power of attorney?
• What you need to know about the recent power of attorney fee increases
• What’s the difference between an attorney and an executor?

Contact us to discuss your situation and understand your next steps.