Article: published on 20 April 2026
Power of attorney: What it is and how the rules differ across the UK
- Published
A power of attorney (POA) is a legal arrangement that allows someone to make decisions on your behalf if you are unable to do so yourself. It is often used in situations where a person is in hospital, abroad, or has lost the ability to make decisions due to illness or injury.
Legal and financial expert Laura Pomfret says the process is designed to ensure a person's wishes are respected if their mental capacity changes in the future. "It's something you should consider while you're still healthy and able to make your own decisions," she explains.
What is a power of attorney?
A POA gives a trusted individual, known as an "attorney", the authority to act on behalf of another person, known as the "donor". In the UK, a specific form called a Lasting Power of Attorney (LPA) allows decisions to continue even after someone loses mental capacity.
Without this in place, decisions may be made by professionals such as doctors or social workers based on what they consider to be the person's "best interests", which may not always reflect their preferences.
How the rules differ across the UK
While the overall concept is similar, each UK nation has its own system.
In England and Wales, there are two types of LPA:
Health and welfare, covering care and medical decisions, which only takes effect if capacity is lost
Property and financial affairs, covering money and assets, which can be used as soon as it is registered
In Scotland, the system includes:
Continuing power of attorney (CPA), for financial matters, which can start immediately or after capacity is lost
Welfare power of attorney (WPA), for health and personal decisions, which only applies after capacity is lost
In Northern Ireland:
A standard power of attorney covers financial matters but ends if capacity is lost
An Enduring Power of Attorney (EPA) continues after loss of capacity
All arrangements must be formally registered with the relevant authority before they can be used.
Who can set one up?
Anyone with mental capacity can create a power of attorney. In England, Wales and Northern Ireland, this means adults aged 18 or over, while in Scotland the minimum age is 16.
"You don't have to be elderly or unwell," says Laura Pomfret. "The key is that you understand what you're signing and are not under pressure."
Costs in England and Wales start at £92 per LPA, with reductions available for some people. Many choose to set one up alongside writing or updating a will.
What happens if you don't have one?
If someone loses mental capacity without an LPA in place, their family cannot automatically step in to manage their affairs.
Instead, relatives must apply to the Court of Protection to become a "deputy", a process that can take several months and involve significant costs. In the meantime, bank accounts may be frozen and important decisions delayed.
There is also no guarantee the court will appoint the person the individual would have chosen.
Concerns about misuse and abuse
Some people worry about the risk of giving someone control over their finances or care decisions. Experts say safeguards can reduce that risk.
These include choosing a trustworthy attorney, setting clear limits on what they can do, and appointing more than one person to act jointly on major decisions. Legal advice can also help ensure documents are properly completed and reflect the donor's wishes.
"It's important to remember you don't lose control," says Laura. "You decide how and when the power can be used."
Although rare, misuse of a power of attorney can happen. Warning signs include unexplained withdrawals, secrecy around finances, unpaid bills despite available funds, or money being mixed with the attorney's personal accounts.
Anyone with concerns can contact the Office of the Public Guardian, which has the authority to investigate.
Why it matters?
Research suggests around 40% of people aged over 70 have a power of attorney in place, but experts say many still leave it too late.
A power of attorney can only be set up while someone still has mental capacity. Once that capacity is lost, the option is no longer available.
For many families, putting one in place early can provide reassurance that decisions will be made by someone they trust, in line with their wishes.
