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Power of Attorney in the UK: What It Is and How to Set It Up

By Boring Money

11 May, 2026

If you farm, or manage land, property, or a family business, there's a question worth sitting with: if you were suddenly unable to make decisions, through illness, injury, or cognitive decline, who would legally be able to step in?

Without a Power of Attorney in place, the answer is nobody. Not your spouse, not your adult children, not your business partner. And by the time it becomes urgent, it's often too late to set one up.

This guide is for anyone who wants to understand Power of Attorney — what it is, when you need it, and how to sort it before it becomes a crisis.

What is a Power of Attorney?

Power of Attorney (PoA) is a legal document that lets a trusted person, known as the "attorney", make decisions on your behalf if you're unable to do so yourself.

This might include managing your bank accounts and finances, handling property or investments, making health and care decisions, or dealing with pensions, bills, and benefits.

It's particularly important if someone loses mental capacity, meaning they can no longer make or communicate decisions due to illness, injury, or age-related decline.

There are different types of Power of Attorney, and choosing the right one matters. The most important, and the one most people need to think about, is the Lasting Power of Attorney, which must be registered before it can be used, and which remains valid even if you lose mental capacity.

The full guide covers:

  • The difference between Ordinary and Lasting Power of Attorney

  • What happens if no PoA is in place when someone loses capacity (the answer is more complicated and costly than most people expect)

  • Step-by-step: how to set up both types, including the correct signing order and who can act as a certificate provider

  • What it costs, how long registration takes, and how to apply online

  • The most common mistakes that delay or invalidate an application

  • Answers to the questions our readers ask most, including whether you can do it without a solicitor

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