Power of Attorney
A Power of Attorney is someone you choose to make decisions about your finances or healthcare. This is important if you cannot make decisions for yourself in the future. Here, we talk about what a Power of Attorney is, how you can set one up, and what happens if you do not have one.
On this page:
What is a Power of Attorney?
A Power of Attorney is a way for you give someone the right to legally make decisions for you.
The person you choose is called your attorney. It's usually a family member or a friend. But, you can choose a professional like a solicitor to be your attorney – they will charge a fee.
You can have more than one attorney. This can be helpful if you'd like more than one person to be able to make decisions. Or, if you'd like people to make decisions together.
Your attorney might make decisions about:
- your health care
- your social care
- where you live
- your finances
- your property.
You can choose what power or responsibilities you give to your attorney. For example, you might want them to handle your bills, but you might not want them to be able to sell your house.
Read more about the different types of Power of Attorney.
Power of Attorney and mental capacity
When you create your Power of Attorney, you must be able to make this decision for yourself. This is known as having mental capacity.
Some people lose the ability to make certain decisions for themselves. This is called lacking mental capacity. This might happen if someone with a terminal illness becomes more ill or if they have a condition that affects their memory or thinking.
Even if you need help with some decisions, you might still be in control of others. For example, you might not be able to manage your bills, but you may be able to do your own food shopping.
People should assume you have mental capacity to make a decision unless it's proven otherwise. A healthcare professional has to carry out an assessment that shows you do not have capacity to make that decision.
Read more about mental capacity.
Power of Attorney for people living with dementia
Dementia is a condition that affects memory, decision-making and judgement. Having a Power of Attorney in place for someone living with dementia means a nominated person can make decisions and manage affairs for them.
It is important that a Power of Attorney is put in place before the person living with dementia loses mental capacity. Once the person has lost their capacity to make their own decisions, a Power of Attorney cannot be put in place.
Read more about advance care planning when living with dementia.
As a result of what happened with Mum, the entire family have now set up Powers of Attorney. The fact that we are all covered by one, in the event that we need it, takes away the anxiety which surrounded Mum's situation – and will allow our family to concentrate on looking after the person, rather than worrying about how they will deal with the financial and health decisions for them.
What happens if you do not have a Power of Attorney?
Your family members and friends will not automatically have the right to make decisions for you, if you lose capacity and you do not have a Power of Attorney set up. There are other ways that someone can apply to make decisions on your behalf. These often take time and money to set up.
People close to you can apply to make decisions about your welfare, property or finances in a different way. The process for this depends on where you live.
If you live in England or Wales
If you live in Northern Ireland
What happens if you do not have any official decision maker in place?
In some cases, health and social care professionals can ask people important to you about you to build a picture of what you might want from your care. For example, where you'd like to be cared for or whether you want to have tests or treatments.
So, if you have not set up a Power of Attorney, it could be a good idea to speak to those close to you about what you'd like.
It's important to remember that the people close to you will not automatically get the right to make decisions for you, if you do not have an official decision maker or Power of Attorney. Healthcare professionals will make decisions for you based on your best interests.
What are the different types of Power of Attorney?
There are three types of Power of Attorney:
- An ordinary Power of Attorney in England and Wales. This is called a general Power of Attorney in Scotland and Northern Ireland.
- A lasting Power of Attorney for property and financial affairs in England and Wales. This is called a continuing Power of Attorney in Scotland and enduring Power of Attorney in Northern Ireland.
- A lasting Power of Attorney for health and welfare decisions. This is called a welfare Power of Attorney in Scotland.
When making a lasting Power of Attorney, you'll need an independent person to certify that you understand what you are doing, and that it's your choice.
If you live in England, Wales or Northern Ireland, this person can be anyone who is independent, over 18 and not one of your attorneys.
If you live in Scotland, this person must either be a solicitor registered to practise law in Scotland, a practising member of the Faculty of Advocates or a registered UK medical doctor.
Ordinary or general Power of Attorney
This is a way to transfer control of finances temporarily. It is used for people who'd like extra help making decisions, while they still have mental capacity. It stops working if you lose capacity to make decisions, choose to end it, or die.
Find out more about ordinary Power of Attorney in England and Wales.
Find out more about general Power of Attorney in Scotland.
Find out more about general Power of Attorney in Northern Ireland.
Financial Power of Attorney
A lasting Power of Attorney for property and financial affairs allows someone to make decisions about your money and property for you. For example, managing your bank account or selling your home.
This is called a continuing Power of Attorney in Scotland and enduring Power of Attorney in Northern Ireland.
You must have mental capacity when you create a Power of Attorney.
You can choose whether you want the person to be able to make decisions:
- from when it's registered, while you still have capacity or
- only if you lose capacity to make decisions for yourself in the future.
In England, Wales and Scotland, you must register the financial Power of Attorney before the person acting for you (your attorney) can use it.
In Northern Ireland, it can be used once the attorney(s) have signed it and it does not need to be registered, if you still have capacity. But they must register it if you lose capacity.
Find out more about registering your Power of Attorney.
Health and welfare Power of Attorney
A lasting Power of Attorney for health and welfare decisions gives someone else the right to make decisions about your healthcare and welfare. For example, decisions about medical treatment or moving into a care home. It also allows them to access your health records.
It can be used in England, Wales, and Scotland. It's called a welfare Power of Attorney in Scotland. There's currently no equivalent in Northern Ireland. If you live in Northern Ireland, speak to the Office of Care and Protection for more information.
You must have mental capacity when you create a Power of Attorney.
A lasting Power of Attorney for your health and welfare decisions can only make decisions for you when you do not have the capacity to make them yourself.
Who should you choose as your lasting Power of Attorney?
Choose someone you trust completely and who understands you well. They'll have a duty to act in your best interests. Talk to them about what it would mean and make sure they understand what you would want.
Your attorney needs to be 18 or older if you live in England, Northern Ireland or Wales. They must be 16 or older if you live in Scotland. And they need to be able to make their own decisions (mental capacity).
Many people choose a family member or friend to be their attorney. Check that they're happy to do it. You'll also need to tell any other family and friends who might be affected by your decision.
You can also ask a firm – for example, a solicitor or an accountant – to be your attorney, but they will charge a fee.
You can appoint more than one attorney if you want to. This can help to protect your interests.
If you appoint more than one attorney, you can decide whether:
- they all must agree for a decision to be made (jointly)
- they can each make decisions and sign documents alone (severally) or together (jointly)
- they can make some decisions together and other decisions alone (jointly for some decisions, and jointly and severally for other decisions).
How much does registering a Power of Attorney cost?
There are fees for registering a Power of Attorney:
- In England and Wales, £82 for each financial Power of Attorney or health and welfare decisions Power of Attorney.
- In Scotland, £85 for each continuing Power of Attorney or welfare Power of Attorney.
- In Northern Ireland, £151 for registering an enduring Power of Attorney.
Apply for help with these fees:
Be aware – these fees are for registration only. If you are using a solicitor to help you with creating your lasting Power of Attorney, they will charge an additional fee.
How long does it take to set up a lasting Power of Attorney?
The Office of the Public Guardian (or Office of Care and Protection in Northern Ireland) will aim to register your Power of Attorney:
- within 20 weeks in England and Wales
- within 35 days in Northern Ireland
- within 30 days in Scotland (check the current processing times for Scotland here ).
In England and Wales, it can take a long time for your registration to be processed. So, it can be helpful to think about registering a Power of Attorney in advance.
How to set up a lasting Power of Attorney
Step one: Fill in the forms
Fill in the forms from the government. There are links to these at the end of this page.
Letting someone else control your financial and legal affairs is an important decision, so you may want to get advice from a solicitor. A solicitor will charge you a fee.
You can make a lasting Power of Attorney without a solicitor. There is guidance available on the GOV.UK website to help you to do this . This makes setting up a Power of Attorney cheaper.
Step two: Register your Power of Attorney
You need to register your Power of Attorney. In England, Wales and Scotland, you can register it at any time with the Office of the Public Guardian.
In Northern Ireland, your enduring Power of Attorney can be used once you have signed the papers, and it does not need to be registered if you have mental capacity. But it must be registered by your attorney(s) with the Office of Care and Protection if you lose capacity.
Step three: Tell people you've set up a Power of Attorney and keep it up to date
Let any relevant organisations or people know that you've set up a Power of Attorney. For example, let your bank and your healthcare team know.
It's also important to keep your Power of Attorney up to date. For example, if your attorney's name or contact details change. Or, you decide to remove someone from being your attorney.
Can you change or end your lasting Power of Attorney?
You can cancel or change a Power of Attorney at any time while you have mental capacity.
You can end your lasting Power of Attorney by completing a deed of revocation. This is called a revocation certificate in Scotland. Write the date that the Power of Attorney will end in the document.
Find out how to do this in:
There are other circumstances in which a Power of Attorney can end, such as if your attorney loses mental capacity or dies. Find out more at GOV.UK.
You must pay a fee to change your Power of Attorney. A legal expert, such as a solicitor, can help you with this.
What happens to your lasting Power of Attorney when you die?
Your lasting Power of Attorney ends automatically when you die. From that point, your personal representatives (executors) will look after your affairs. This is someone you name in your Will.
You might want to make a Will to name your personal representatives and give instructions about what should happen after your death.
Read more about making a Will.
If you do not have a Will, a close family member may need to apply to deal with your affairs. This is called applying to be an 'administrator'.
You could keep a copy of your Power of Attorney documents at home with any other important documents, such as your Will or your plan for your care and treatment.
Find out more about planning ahead for your future care.
Who can help?
Find your local branch of Citizens Advice in:
- England. Call 08444 111 444 or visit www.citizensadvice.org.uk/index/getadvice
- Wales. Call 08444 77 20 20 or visit www.citizensadvice.org.uk/wales/about-us/contact-us/
- Scotland. Call 03454 04 05 06 or visit www.cas.org.uk/bureaux
Find advice in:
- Northern Ireland: www.citizensadvice.org.uk/about-us/northern-ireland/
Find a solicitor in:
- England and Wales. Call 0870 606 2555 or visit www.lawsociety.org.uk
- Scotland. Call 0131 226 7411 or visit www.lawscot.org.uk
- Northern Ireland. Call 028 9023 1614 or visit www.lawsoc-ni.org
Forms
Download or order Power of Attorney forms and guidance in:
- England and Wales. Call 0300 456 0300 or visit www.gov.uk/government/collections/lasting-power-of-attorney-forms
- Scotland. Call 01324 678300 or visit http://www.publicguardian-scotland.gov.uk/power-of-attorney/forms-publications
- Northern Ireland. Call 028 9072 5953 or visit https://www.justice-ni.gov.uk/articles/information-enduring-powers-attorney-epa
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About this information
This information is not intended to replace any advice from health or social care professionals. We suggest that you consult with a qualified professional about your individual circumstances. Read more about how our information is created and how it's used.
