Power of Attorney Explained: When You Need It and How to Get It in 2025
There comes a time when roles reverse. The people who once raised us may now need our help managing their money, care, or health decisions. Enter the all-important (and often misunderstood): Power of Attorney.
If you’re trying to help an elderly parent or relative manage their affairs - whether it’s handling bank accounts or making medical decisions - you may need legal authority to do so.
Here’s everything you need to know about Power of Attorney in the UK in 2025, including when it’s needed, the different types available, and how to set one up.
What is Power of Attorney?
Power of Attorney (PoA) is a legal document that allows someone (the "attorney") to make decisions on behalf of another person (the "donor") if they’re unable to do so themselves.
It’s particularly important if someone loses mental capacity - meaning they can’t make or communicate decisions due to illness, injury or age-related decline.
Do you always need Power of Attorney?
Not necessarily. If your parent or relative still has mental capacity, they might prefer alternatives such as:
Adding you to their bank account with a third-party mandate
Nominating you as an agent or appointee for benefits or tax matters
Writing consent letters for specific one-off tasks
These work only while they’re able to understand and approve decisions. Once mental capacity is lost, none of these options are valid - and that’s where a formal Power of Attorney becomes essential.
What happens if you don’t have Power of Attorney?
If your parent or relative loses mental capacity and no PoA is in place, it’s a lot harder to help them legally.
You’d have to apply to the Court of Protection to be appointed as a "deputy", which:
Is time-consuming (can take months)
Requires ongoing reporting to the court
Comes with annual supervision fees
Typically offers less decision-making power than PoA
In short: it’s better, for everyone, to get PoA sorted before it’s urgently needed.
The different types of Power of Attorney (UK)
There are two main types of Power of Attorney to be aware of:
1. Ordinary Power of Attorney (OPA)
Only valid while the donor has mental capacity
Covers financial affairs only (banking, bills, property)
Useful for short-term needs - e.g., hospital stays or mobility issues
2. Lasting Power of Attorney (LPA)
This is the more common, long-term version - and there are two types. You can set up:
LPA for Property and Financial Affairs - for managing money, property, bills, bank accounts
LPA for Health and Welfare - for decisions about care, medical treatment, living arrangements
How to set up Power of Attorney in 2025
Here’s what the process looks like:
Setting up an Ordinary Power of Attorney
Draft the document: Use the recommended legal wording from Section 10 of the Powers of Attorney Act 1971 (a solicitor can help if you're unsure). The core structure should say something like:
- “This General Power of Attorney is made this day of [X] by me [donor’s full name] of [address]. I appoint [attorney’s full name] of [address] to be my attorney in accordance with section 10 of the Powers of Attorney Act 1971.”
Decide how the attorney(s) will act:
Jointly: All attorneys must agree on every decision
Jointly and severally: Attorneys can act together or separately
Sign the document as a deed (in the presence of a witness): Both the person giving the power and the person receiving it must sign.
Keep it safe: Make sure to provide copies to all relevant parties (banks, financial advisers, etc).
Setting up a Lasting Power of Attorney
Decide which LPA(s) you need: You can set up one or both types, but each requires its own form and registration.
Get the forms: Download from gov.uk or request a paper copy from the Office of the Public Guardian (tel: 0300 456 0300).
Choose your attorney(s): These are the people who will act on your behalf, usually adult children, close relatives, or trusted friends. You can name more than one.
Decide how they will act:
Jointly: They must make all decisions together
Jointly and severally: They can act together or independently
Combination: Joint for some decisions, separately for others
Appoint a replacement attorney (optional but wise): If your main attorney can’t act, a replacement can step in.
Complete the forms with your chosen attorneys: If you’re doing this without legal help, take your time. Mistakes can delay the process.
Nominate a ‘certificate provider’: This is a neutral person (e.g. doctor, solicitor, friend of 2+ years) who signs to confirm that:
The donor understands the document
They are not being pressured or coerced
Sign in the correct order:
The donor signs first
Then the certificate provider
Then the attorney(s)
Register the LPA with the Office of the Public Guardian (OPG):
Fee: £82 per LPA (£162 for both types of LPA)
Discounts: 50% if you earn under £12,000; free if you receive certain benefits
Registration can take 8–10 weeks, so plan ahead!
Wait for confirmation: You’ll receive a stamped official copy once registration is complete. You can then use the LPA when needed.
Quick FAQs: Power of Attorney in the UK
Can I set up Power of Attorney after someone has lost capacity?
No. At that point, you’ll need to apply to the Court of Protection for deputyship.
How much does it cost to set up LPA?
£82 per LPA (so £164 for both health and financial types). Fee discounts are available.
Who should I appoint as my attorney?
Someone you trust fully. This could be an adult child, sibling, spouse or close friend. You can name more than one - either jointly, or jointly and severally.
Does Power of Attorney cover funeral wishes or wills?
No. These are covered separately, typically in your will.
Final thoughts: It’s worth sorting Power of Attorney now
Sorting Power of Attorney isn’t just for "old people". It’s a smart move that gives peace of mind to your whole family. If something unexpected happens - illness, injury, cognitive decline - you’ll be ready, not scrambling through legal red tape.
Get it done early. It’s one of the kindest things you can do for someone you love, and for yourself.
