What Is a Power of Attorney UK (2026)? Types, Uses and How to Get One

A Power of Attorney (PoA) is a legal document by which one person (the donor) gives another person (the attorney, also called the donee) the legal authority to make decisions and take actions on their behalf. The attorney acts in the donor's name and the donor is bound by the attorney's actions (unless the attorney has acted outside the scope of the authority granted). Key points: (1) A PoA is a legal instrument under the general law of agency (supplemented for lasting powers of attorney by the Mental Capacity Act 2005); (2) The authority granted can be broad (e.g. 'manage all my financial affairs') or narrow (e.g. 'sell my house at [address] on specific terms'); (3) The attorney must act in the donor's best interests, within the scope of the authority granted, and in accordance with any conditions in the PoA document; (4) An attorney under an LPA owes specific statutory duties under MCA 2005 — including acting in the donor's best interests under s.4; having regard to the donor's past and present wishes and feelings; and considering the views of relevant people (family, carers, healthcare professionals); (5) An attorney is NOT simply a power holder who can act as they please — they have fiduciary duties and can be investigated and removed by the Office of the Public Guardian (OPG) if they abuse their position. There are three main types of Power of Attorney in England and Wales: Ordinary Power of Attorney; Lasting Power of Attorney; and Enduring Power of Attorney (pre-2007, but still valid if registered). Each type has a different scope and different rules about when it applies and what triggers its revocation.

The three main types in England and Wales: (1) ORDINARY POWER OF ATTORNEY (also called a General PoA): created under the Powers of Attorney Act 1971. An ordinary PoA gives the attorney authority to manage some or all of the donor's affairs. It can be general ('all my property and affairs') or specific ('sell my house at [address]'). Critical limitation: an Ordinary PoA is AUTOMATICALLY REVOKED if the donor loses mental capacity. This follows the common law rule that agency is terminated by the principal's incapacity. An Ordinary PoA is therefore suitable only for situations where the donor retains capacity — for example, covering a specific property transaction while the donor is abroad. It has no role in planning for future incapacity. For planning ahead, an LPA is required; (2) LASTING POWER OF ATTORNEY (LPA): created under the Mental Capacity Act 2005. The key difference from an Ordinary PoA is that an LPA is specifically designed to SURVIVE the donor's loss of mental capacity. It is the main instrument in England and Wales for planning for incapacity. There are two types of LPA: (a) Property and Financial Affairs LPA (LP1F): covers financial and property decisions — bank accounts; investments; paying bills; collecting income; selling or buying property. Can be used immediately on registration (before the donor loses capacity) unless restricted by the donor; (b) Health and Welfare LPA (LP1H): covers personal welfare decisions — where the donor lives; care arrangements; medical treatment; life-sustaining treatment (only if expressly authorised by the donor). Can ONLY be used when the donor lacks mental capacity — cannot be used while the donor still has capacity. Both LPAs must be registered with the OPG before they can be used (£82 per LPA; 8-20 weeks). Making an LPA before it is needed is strongly recommended — once capacity is lost, it is too late. The only alternative is Court of Protection Deputyship (6-12 months, £1,500-4,000+); (3) ENDURING POWER OF ATTORNEY (EPA): EPAs were the predecessor to LPAs, available under the Enduring Powers of Attorney Act 1985. The ability to make a new EPA ended on 1 October 2007 (Mental Capacity Act 2005 implementation). However: EPAs made before 1 October 2007 remain valid — they did not expire when LPAs were introduced. An existing EPA does NOT need to be replaced with an LPA; it continues to operate under the old rules. An EPA that has not yet been registered must be registered with the OPG when the donor loses or is losing mental capacity (triggering event). An EPA covers property and financial affairs only — there is no equivalent to the LP1H Health and Welfare LPA under the old EPA regime. For health and welfare decisions, an LPA LP1H must be made even if an existing EPA covers finances.

The critical difference is what happens when the donor loses mental capacity: (1) Ordinary PoA: AUTOMATICALLY REVOKED by the donor's loss of mental capacity. It is terminated by incapacity — exactly the situation when a PoA is most needed in practice. An Ordinary PoA is therefore of limited use for long-term personal planning. It is used for: specific transactions (sale of a particular property); acting during the donor's absence abroad; managing limited financial affairs during short-term illness while the donor still retains capacity; business transactions where a principal needs an agent for a specific deal; (2) LPA: SURVIVES the donor's loss of mental capacity — this is its defining feature and the reason it was created by the Mental Capacity Act 2005. An LPA is specifically designed so that the authority continues to be valid when the donor cannot manage their own affairs. Registration with the OPG is a prerequisite (not optional). Other key differences: (a) An Ordinary PoA requires no registration and takes effect when signed. An LPA requires OPG registration (8-20 weeks, £82) before it can be used at all; (b) An Ordinary PoA can cover any scope — property, financial, business, specific transactions. An LPA is divided into LP1F (financial) and LP1H (health/welfare); (c) An LPA has formal execution requirements (donor, certificate provider, attorney signatures in prescribed order — see MCA 2005 Sch.1); an Ordinary PoA is simply executed as a deed; (d) An LPA requires a certificate provider to certify that the donor understands the LPA and is not acting under undue influence. No such requirement for an Ordinary PoA; (e) The OPG supervises LPA attorneys and can investigate concerns. There is no OPG supervision of Ordinary PoA attorneys.

DONOR (person granting the PoA): (1) Must be 18 or over; (2) Must have mental capacity to make the PoA at the time of making it. Once capacity is lost, a new LPA cannot be made — it is too late. This is the most important reason to make an LPA early, while capacity is beyond doubt; (3) Must understand the nature and effect of the PoA (for an LPA, this is certified by the certificate provider); ATTORNEY (person receiving the authority): (1) Must be 18 or over; (2) Must have mental capacity; (3) For an LPA LP1F (financial): cannot be bankrupt at the time the LPA is made; (4) Cannot be an OPG-registered organisation unless it is a trust corporation (for financial LPAs only); (5) There is no requirement that the attorney be a family member — a close friend, neighbour, or professional can be appointed; (6) Can appoint up to 4 attorneys to act jointly (all must agree) or jointly and severally (any can act alone). Joint and several is recommended for practical reasons — if one attorney cannot act, the others can continue; (7) Can appoint replacement attorneys to step in if a primary attorney becomes unable to act; WHO CANNOT BE AN ATTORNEY for an LPA: a person under 18; a bankrupt individual (for LP1F only); a care home owner or manager (unless a relative of the donor); someone subject to an Interim or Enduring Restraint Order; PROFESSIONAL ATTORNEYS: Solicitors, accountants, and trust corporations can act as professional attorneys. They charge fees — typically £100-200/hour or a percentage of the estate for an LPA attorney. This may be justified for complex financial situations, family conflict, or where no suitable personal attorney is available.

WHEN DOES AN LPA COME INTO EFFECT? (1) LP1F (Property and Financial Affairs): can come into effect immediately after registration with the OPG — UNLESS the donor restricts it to come into effect only when they lack capacity. By default, the LP1F can be used from the moment it is registered, even if the donor retains full capacity. This is useful — the donor may want the attorney to assist with finances before incapacity is an issue; (2) LP1H (Health and Welfare): can ONLY be used when the donor lacks the mental capacity to make the specific decision in question. It NEVER comes into effect while the donor retains capacity for that decision. Even after registration, the attorney must assess capacity for each decision before acting; (3) IMPORTANT: the LPA must be REGISTERED with the OPG before it can be used. An unregistered LPA has no legal effect. Registration: (a) Submit the completed and executed LPA to the OPG with the registration fee (£82); (b) OPG sends notifications to 'people to notify' named in the LPA (if any) — there is a 3-week objection window; (c) Processing time: approximately 8-12 weeks via the digital service; 16-20 weeks via paper; (d) Upon registration, the OPG stamps the LPA — attorneys keep and use the stamped copy. WHEN DOES AN LPA END? An LPA ends by: (1) The donor revoking it — the donor can revoke at any time while they still have mental capacity (revocation must be formally notified to OPG and all attorneys); (2) The donor's death — an LPA is automatically revoked on death. The attorney has NO authority after death; (3) The attorney's death, bankruptcy (LP1F), lack of capacity, or divorce/dissolution if the attorney is the donor's spouse/civil partner (UNLESS the LPA expressly provides otherwise); (4) Court order — the Court of Protection can revoke an LPA; (5) The OPG cancelling the LPA following an investigation into the attorney's conduct.