Power of attorney

A power of attorney gives legal power to one or more people – your ‘attorneys’ – to help you make decisions, or make decisions on your behalf. You might need them to do this:

• temporarily – for example, if you are in hospital 
• in the longer term – for example, if you become ill and can no longer make decisions.

The type of power of attorney you need depends on:

• what type of decisions you would like it to cover
• whether you would like the attorney to act while you still have mental capacity. 

Mental capacity is the ability to understand, remember and use information, so that you can make and communicate decisions when they need to be made. 

You may want the peace of mind of knowing that someone you have chosen will be involved in making decisions for you if you lose this ability.

There could be many reasons for not having mental capacity, including:

• being unconscious because of an accident or illness
• suffering a stroke
• having a degenerative disease
• having later-stage dementia.

It’s possible to have mental capacity at some times, but not at others. For example, if you’re unconscious, you may only lose mental capacity for a short period. 

Our factsheet Future planning: Mental capacity explains what mental capacity is, how it is assessed and what rules there are to protect you.

Your attorney may have complete authority over your financial and personal affairs, so choose carefully. You should be able to trust them to make decisions in your best interests. 

An attorney could be:

• your partner or spouse
• a family member
• a friend
• a professional, such as a solicitor. You may need to pay a fee to a professional attorney.

You can choose more than one attorney. If you do, you can specify whether they can make decisions on their own, if they must all agree before a decision is made, or if they can make some decisions together and others separately.

The government website has more information about what to consider when you choose an attorney.

Different types of power of attorney can be used in different situations. You may sometimes want to set up more than one type. They include:

• lasting power of attorney for property and financial affairs
• lasting power of attorney for health and welfare
• general power of attorney – sometimes called an ordinary power of attorney
• enduring power of attorney.

A lasting power of attorney (LPA) gives someone else the authority to help you make decisions, or to make them on your behalf if you lose mental capacity. You can only set one up while you have mental capacity.

There are two types of LPA:

• property and financial affairs
• health and welfare.

You can have the same attorney for both types, but you have to apply on different forms for each type. You can also appoint different people as attorneys for each one.

Property and financial affairs LPA

This allows your attorney to make financial decisions and take financial actions for you, such as:

• managing your bank account
• paying bills
• arranging repairs to your property
• collecting benefits
• paying your mortgage
• selling your home.

You can choose which decisions your attorney can make. The LPA for property and financial affairs can be used while you still have mental capacity if you wish. Your attorney must keep their own money separate and keep accounts of how they use your money.

Health and welfare LPA

This LPA can only be used once you have lost mental capacity. It covers decisions relating to your care, such as:

• where you should live
• your medical care
• your social care
• your daily routine, such as washing, dressing and eating
• moving into a care home.

If you want to, you can state if you want your attorneys to be able to give or refuse consent to medical treatment to keep you alive.

You need to complete an official form from the Office of the Public Guardian (OPG). You’ll then need to register it with them for it to be valid. There is a charge for this.

The LPA must be signed by you, your attorney and a witness. You'll also need an independent third party (a certificate provider) to confirm that you:

• have the mental capacity to set it up
• have not been put under pressure to create it.

A certificate provider could be someone you know well or a professional, such as a doctor, solicitor or social worker.

You'll need to complete separate forms if you want to set up a money and property LPA, and a health and welfare LPA. It costs £82 to register each LPA – so £164 for both. If you’re on a low income or receiving certain benefits, you may not have to pay the full fee. Visit Gov.uk to find out how to apply for an exemption or reduced fee.

The time it takes to process your LPA can vary a lot. Check for the latest service information and updates.

You can cancel an LPA while you still have mental capacity. You’ll need to issue a deed of revocation to do this. Gov.uk has information on how to end an LPA.

If you have any concerns about how an attorney is acting on behalf of someone else, report your concerns to the OPG.

If you have any queries, the OPG has a frequently asked questions blog that may help. They also have a guide to help you fill out and register your LPA application.

You can set up a general power of attorney – also called an ordinary power of attorney – if you need someone to act for you for a short period. It’s only valid while you have mental capacity. 

A general power of attorney can be useful if you:

• are going into hospital
• are ill
• find it difficult to go out.

You can let your attorney deal with all your finances and property, or you can restrict them to specific powers. This is sometimes called a limited power of attorney. For example, you could only allow them to:

• have access to your bank account
• sign cheques and make payments for you.

There is no form, but you need to use specific wording for a general power of attorney. To set one up, get advice from a solicitor or ask a legal adviser at Citizens Advice to help you. You can contact The Law Society to find a solicitor.

To end a general power of attorney, you need to issue a written statement called a deed of revocation – ask a legal adviser for help with this.

Enduring power of attorney was replaced by lasting power of attorney for property and financial affairs on 1 October 2007. If you made an EPA before this, it will still be valid. Be aware that it only covers property and financial decisions, so you might wish to set up a lasting power of attorney for health and welfare as well. 

As soon as you start to lose mental capacity, your attorney must register the EPA. It costs £82, but they may be able to apply for help with the fee.

If you lose mental capacity in the future, the Court of Protection can appoint a deputy to make decisions on your behalf.

Someone who wants to make decisions for you can apply to the Court of Protection to become a deputy or guardian for either or both:

• property and financial affairs decisions
• health and welfare decisions.

You will usually have to pay to become a deputy, although you may be able to get help with fees.

The role of deputy is like that of an attorney. A deputy will be supervised by, and required to submit reports to, the OPG. Visit Gov.uk for more information.

• Continuing power of attorney – this gives powers to deal with your money and property. If you wish, it can be used before you lose mental capacity.
• Welfare power of attorney – this gives powers to make decisions around your health or personal welfare. It can only be used when you have lost mental capacity.
• Combined power of attorney – this gives the same powers as continuing and welfare powers of attorney. Your attorney can make decisions about your money and property, and health and welfare.

There is no set form for a power of attorney in Scotland. To set one up, you will have to get a power of attorney agreement drafted. You will then have to register it with the Office of the Public Guardian (Scotland).

The Office of the Public Guardian (Scotland) will not write a power of attorney agreement for you. You can find an example document on their website, but it’s important to get the wording right. Most legal advisers, and other advisers like your local Citizens Advice, will be able to help you write your power of attorney so that it can be registered without needing to be changed. To find a solicitor who can help you, visit Law Society of Scotland.

When you are happy with it, you can send your power of attorney agreement to the Office of the Public Guardian (Scotland). You can submit it online or send it by post. You’ll also need to send your certificate of capacity, registration form and fee.

If someone has lost mental capacity, the local sheriff court can appoint a ‘guardian’ to make decisions for them. They can also grant an intervention order for someone to make a one-off decision to make a specific thing happen.

Guardianship orders

Guardianship orders allow someone to make decisions for a person who has lost capacity on an ongoing basis. They are often granted for three years but can be granted for longer if needed. The type of decisions a guardian can make are called ‘powers’ and can be:

• financial powers to make decisions about money and property
• welfare powers to make decisions about someone’s welfare
• a combination of financial and welfare powers.

Intervention orders

An intervention order is granted by the local sheriff court to allow a person to act for someone who has lost capacity. Intervention orders only allow that person to make a one-off decision or action. This can be something like signing legal documents or selling someone’s house.