Plan for your future to make life better now…
There might come a time when you are no longer able to make or communicate your own decisions. Setting up a power of attorney can make things much easier if or when that time comes – so it’s worth considering now.
What is a power of attorney?
A power of attorney is a legal document that appoints someone – your ‘attorney’ – to make decisions on your behalf.
There are a number of reasons why you may need this. It could be set up as a temporary measure if you’re going into hospital and need help with everyday financial tasks like paying your bills. Or it may be part of long-term planning. For example, if you’ve been diagnosed with dementia, you may want to plan ahead for a time when you might no longer have the mental capacity to make decisions for yourself.
What is mental capacity?
This means being able to make your own decisions and understand the consequences of those decisions. If you have mental capacity, you have the right to make your own decisions and no one should make decisions on your
behalf without your permission.
If you lack mental capacity, it means you are unable to do one or more of the following:
• understand the information relating to the decision
• weigh up that information
• remember that information for long enough to make your decision
• communicate your decision (whether verbally, using sign language or by other means).
You should be given as much help as possible to make and communicate a decision before anyone judges that you lack mental capacity. Taking time to weigh up or communicate a decision shouldn’t be mistaken for a lack of mental capacity. Nor should having a certain condition, such as dementia, as you may still have capacity to make certain decisions for some time following a diagnosis.
What are the different types of power of attorney?
There are three different types: lasting power of attorney, enduring power of attorney and ordinary power of attorney.
You can set up more than one. However, if you want to make a power of attorney in case there comes a time when you lose mental capacity, then only the lasting power of attorney is relevant.
What is a lasting power of attorney (LPA)?
There are two types of LPA: one for making financial decisions and another for making health and care decisions. You can set up LPAs for both types of decisions.
An LPA for health and care decisions can only be used if you lose mental capacity. An LPA for financial decisions can also be used, with your permission, while you still have mental capacity.
You can only create an LPA if you have mental capacity to do so and you haven’t been put under any pressure to set it up.
If you’re married or in a civil partnership, you may have assumed that your spouse or civil partner would automatically be able to make decisions about your finances, your health and care if there comes a time when you can no
longer do so. But without an LPA, your spouse or civil partner does not have that authority.
What is an enduring power of attorney (EPA)?
An EPA applies only to financial decisions. If you made an EPA before 1 October 2007, it remains valid, but new EPAs can no longer be created – LPAs are now used instead.
What is an ordinary power of attorney (OPA)?
An OPA covers financial decisions only and is valid only while you still have mental capacity. It can be helpful if you need someone to manage your finances temporarily – for example, if you’re going into hospital or away on holiday. It can also make life easier if you find it difficult to get to the bank or post office and want someone to handle these tasks on your behalf.
An OPA is useful in certain situations, but it’s usually best to create an LPA instead as your attorney can continue to act for you if you ever lose mental capacity.
How do I set up a lasting power of attorney?
1 Request the LPA forms and an information pack from the Office of the Public Guardian. Call 0300 456 0300 or visit their website.
2 You can fill out the forms yourself. The Office of the Public Guardian have a step-by-step guide to completing the forms on their website or you can call them for assistance.
3 The completed forms need to be signed in a particular order and must be witnessed. The ‘certificate provider’ must sign next. Finally, your attorney must sign the form and their signature must be witnessed. If the LPA is not signed in the correct order, it cannot be registered by the Office of the Public Guardian and will be rejected.
4 Register the LPA with the Office of the Public Guardian – you cannot use your LPA until registration is complete, which can take several weeks.
Do I need a solicitor to set up a lasting power of attorney (LPA)?
It is advisable to use a solicitor to ensure there are no problems later on. It’s more costly than filling the forms yourself, but you might find that the reassurance of having professional advice is worth it.
How much does it cost to set up a lasting power of attorney?
From 17 November 2025 the cost for registering an LPA is rising from £82 to £92. If you’re registering 2 LPAs at the same time (one for financial decisions and one for health and care decisions) then you’d need to pay £92 for each LPA, so £184 in total.
If you’re on a low annual income (under £12,000), you might be eligible for a 50% discount, and if you’re receiving certain income-related benefits you won’t have to pay anything at all.
