Power of Attorney

Guide to Power of Attorney

What is Power of Attorney?
Types of Power of Attorney
How to set up a Power of Attorney
Facts and Myths about Powers of Attorney

What is Power of Attorney?

It’s a legal document that gives the power for someone (your 'attorney') to make decisions about your finance or welfare on your behalf, if you are unable to do so.

You can only set up attorney powers while you’ve got the capacity to make your own decisions, so it’s best to get it in place early on.

Do I need a Power of Attorney?

Many people think that if they lose mental capacity their next of kin, such as a spouse or child, will be able to make decisions on their behalf. Whilst family should be consulted in these situations, the ultimate decision will not lie with them unless you have set up a valid Power of Attorney.

What if I change my mind?

So long as you have mental capacity, you can withdraw the Power of Attorney at any point by contacting the supervisory body in your country.

Can I have more than one Attorney?

Yes, you can appoint any number of people to act on your behalf under a Power of Attorney. You will need to specify whether they are to act jointly (all in agreement) or whether there are some decisions that they can take ‘severally’ (in isolation).

How much does Power of Attorney cost?

In England and Wales, it costs around £80 to register a Power of Attorney and you can complete the forms yourself. If you use a solicitor’s firm or will writing service it will cost several hundred pounds.

Lasting Power of Attorney (Finance)

This gives someone permission to make decisions about your money and property, now or in future.

Lasting Power of Attorney (Health and Welfare)

This is what you’ll need, to give someone permission to make decisions about your healthcare, care arrangements and wider welfare if you aren’t able to.

In Scotland, the equivalent to a Lasting Power of Attorney is simply called Power of Attorney. It's used in a similar way and can be set up to make decisions on Finance, Health and Welfare or both.

Enduring Power of Attorney

If you live in Northern Ireland, you’ll need an Enduring Power of Attorney. This gives someone permission to make decisions about your finances if you’re no longer able to. If you live in England or Wales and set up a Power of Attorney before 2007 it will also be one of these.

Ordinary Power of Attorney

This gives someone permission to access your finances on your behalf, but only while you still have capacity to make your own decisions. If you’d like to make sure they can help even if you lose capacity, you’ll need to set up a Lasting Power of Attorney.

Powers of Attorney across the UK

The different types of Powers of Attorney across the United Kingdom.

	England	Wales	Scotland	Northern Ireland
Name used for Power of Attorney	Lasting Power of Attorney	Lasting Power of Attorney	Power of Attorney	Enduring Power of Attorney
Supervisory body	Office of the Public Guardian	Office of the Public Guardian	Office of the Public Guardian Scotland	Office of Care and Protection
Actions	Find out more	Find out more	Find out more	Find out more

How to set up a Power of Attorney

Putting Power of Attorney in place is an important; you should be aware of some things before choosing what to do:

01

Choose who you’d like to act on your behalf

You can ask more than one person to be involved in making decisions for you if you’d like, and ask them to work together or separately.

02

Decide what permission you’d like to give them

You can put support in place for decisions about your money and property or your health and welfare. If you’d like to make sure you’re covered for both, you’ll need to set up both Powers of Attorney.

03

Apply online to register your Power of Attorney

You can complete the paperwork yourself on the government’s website. Or, if your finances are more complicated, you can ask for help from a solicitor.

How to set up a PoA in England and Wales

How to set up a PoA in Scotland

How to set up a PoA in Northern Ireland

04

Take a moment to review your other arrangements

While you’re preparing for the future, it’s a good time to make a Will or check that your existing one reflects your wishes. Having an up-to-date Will in place is the best way to make sure your assets are given to the people you want to inherit from you when you die.
Power of Attorney (POA) facts and myths
Facts

Your Next of Kin should always be involved in making decisions on your behalf, but they’ll only have the final say if you’ve given them Power of Attorney.

You’ll be in full control for as long as you’re able to make your own decisions, even if you’ve set up a PoA. You can end a PoA if you’re worried that the attorney may not act in your best interests now or in future.

By the time you really need a PoA, you may not be able to make decisions. Once you’ve reached this point, you can’t set one up, so it’s better to prepare sooner rather than later.

In England and Wales, it currently costs £82 to register a Lasting Power of attorney and you can complete the forms yourself via your government’s website.

You can have more than one attorney, and if you do, they will need to work together to make a decision on your behalf.
Myths

I don’t need a PoA if I have a Next of Kin.

If I set one up, I won’t be able to make my own decisions.

I don’t need to set one up until I need it.

It costs thousands of pounds to set up an PoA, and I’ll need a solicitor.

I can only have one attorney.

Co-op Legal Services

The Co-op Legal Services Executor & Attorney Support Hub has more information on setting up a Power of Attorney and their regulated legal team can provide you with advice and assistance. We have an agreement with Co-op Legal Services who will offer you a 10% discount on their standard fees for setting up a Lasting Power of Attorney.

Visit their hub

Understanding mental capacity

Being able to make and communicate decisions at the time you need to make them is called having mental capacity. It means you understand the decision you’re taking, why you need to take it, and the likely outcome

The five principles of mental capacity

Understanding mental capacity

Losing your mental capacity can be a daunting prospect, however the sooner you plan on how to deal with it, the more in control you can be.

Your mental capacity

Need legal advice?

Co-op Legal Services provide regulated legal advice on topics such as Powers of Attorney and Wills. Their Executor & Attorney Support Hub has further information.

Visit their hub

The cost of care

To make sure you're paying a fair amount for your care, and getting any financial support you may be entitled to, you should use our cost of care calculator.

Calculate my costs

Power of Attorney

Do I need a Power of Attorney?

What if I change my mind?

Can I have more than one Attorney?

How much does Power of Attorney cost?

Lasting Power of Attorney (Finance)

Lasting Power of Attorney (Health and Welfare)

Enduring Power of Attorney

Ordinary Power of Attorney

Choose who you’d like to act on your behalf

You can ask more than one person to be involved in making decisions for you if you’d like, and ask them to work together or separately.

Decide what permission you’d like to give them

You can put support in place for decisions about your money and property or your health and welfare. If you’d like to make sure you’re covered for both, you’ll need to set up both Powers of Attorney.

Apply online to register your Power of Attorney

You can complete the paperwork yourself on the government’s website. Or, if your finances are more complicated, you can ask for help from a solicitor. How to set up a PoA in England and Wales How to set up a PoA in Scotland How to set up a PoA in Northern Ireland

Take a moment to review your other arrangements

While you’re preparing for the future, it’s a good time to make a Will or check that your existing one reflects your wishes. Having an up-to-date Will in place is the best way to make sure your assets are given to the people you want to inherit from you when you die.

Co-op Legal Services

Understanding mental capacity

Understanding mental capacity

Need legal advice?

The cost of care

You can complete the paperwork yourself on the government’s website. Or, if your finances are more complicated, you can ask for help from a solicitor.

How to set up a PoA in England and Wales

How to set up a PoA in Scotland

How to set up a PoA in Northern Ireland