What is a Power of Attorney?

Life is unpredictable. If you ever lose the mental capacity to make key decisions, a Power of Attorney ensures someone you trust can act in your best interests.

Decisions on your finances, property, or your welfare will need to be made, and this is where a Power of Attorney is important. A Power of Attorney, or a Lasting Power of Attorney, is crucial to safeguard you and your family’s future.

This guide explains what a Power of Attorney is, why it’s important in the UK, and how to set up a Lasting Power of Attorney for your health and financial security.

What is Mental Capacity?

Mental capacity is your ability to make and communicate specific decisions when they’re needed. To have capacity, you must be able to:

– Understand information about the decision.

– Retain that information long enough to use it.

– Use or weigh the information as part of the decision-making process.

– Communicate your decision (by speech, sign language, or other means).

A person may lack capacity if their mind is impaired or disturbed (e.g., due to illness, injury, or treatment), making them unable to make a decision at that time.

Types of Power of Attorney

A Power of Attorney (POA) is a legal document that allows someone you trust—an attorney (often a family member or close friend)—to make decisions on your behalf.

Ordinary Power of Attorney

– Typically used for a short period or specific actions (e.g., managing finances while you’re abroad).

– Only valid while you still have mental capacity.

– Usually covers property and financial affairs (not health/care decisions).

Lasting Power of Attorney (LPA)

A Lasting Power of Attorney is designed for long-term protection and can continue even if you lose mental capacity. In England and Wales, there are two types:

Health and Welfare

Allows attorneys to make decisions about:

– Daily care needs (e.g. washing, dressing, eating).

– Medical care and treatment.

– Moving into a care home.

– Life-sustaining treatment.

Property and Financial Affairs

Allows attorneys to make decisions about:

– Managing a bank/building society accounts.

– Paying bills.

– Collecting benefits or a pension.

– Selling your home or other belongings.

Your attorneys can deal with all aspects of your property and financial affairs unless you expressly exclude them dealing with a particular asset. 

You can set up one or both LPAs, depending on your needs.

When Should You Set Up a Lasting Power of Attorney?

The best time to set up an LPA is as soon as possible—while you’re fully capable of making and consenting to the arrangement. Consider a Lasting Power of Attorney if:

– You assume your spouse/partner could automatically manage your finances and healthcare if you lose capacity—they cannot without an LPA.

– You’ve been diagnosed with, or are at risk of, a condition that could affect capacity, such as dementia, mental health conditions, brain injury or side effects of medical treatment.

An LPA gives you control over who will make decisions and how they’ll be made.

Do I Need a Power of Attorney if I Have A Will?

Yes—Wills and LPAs serve different purposes:

– A Will outlines what should happen to your assets after you die.

– An LPA protects your interests while you are alive, empowering trusted attorneys to act if you become unable to decide.

For complete protection, most people set up both.

What Happens if I Don’t Have a Power of Attorney? 

If you lose capacity without an LPA in place, family or friends may need to apply to the Court of Protection for a Deputyship Order. This:

– Officially appoints a Deputy to manage your affairs (often financial).

– Sets strict limits on what the Deputy can and cannot do.

– Can involve delays, costs, and administrative complexity.

Without an LPA or Deputyship, no one can legally access your bank accounts, manage benefits (including state pension), pay bills, or make financial decisions on your behalf.

Find out more on Court of Protection if it’s too late for an LPA to be made and fine out more on Deputyship Applications and Deputyship Orders.

Can You Appoint More than One Person to Have Power of Attorney?

Yes. You can appoint multiple attorneys (for practical reasons, many choose no more than four) and name replacement attorneys. You must specify whether your attorneys act:

– Jointly (they must all agree and act together), or

– Jointly and severally (they can act together or individually).

You can also limit or exclude certain assets or decisions in the LPA.

Applying for a Lasting Power of Attorney

It’s recommended that you set up both a health and welfare and a property and financial affairs at the same time. Many people do this while drafting, reviewing or revising their Will. A Lasting Power of Attorney also must be registered before it comes into force.

Find out more Making a Will – What you need to know

How to Apply for a Lasting Power of Attorney

Choose your attorneys
Select trusted individuals who understand your preferences and are willing to act.

Decide the LPA type(s)
Choose Health and Welfare and/or Property and Financial Affairs.

Set preferences and instructions
Clarify what attorneys should consider and any decisions they must or must not make.

Choose a certificate provider
A qualified person confirms you understand the LPA and aren’t under pressure.

Notify people (optional)
You may nominate people to be notified when the LPA is registered.

Register with the Office of the Public Guardian (OPG)
An LPA must be registered before it can be used.

We advise that you set up an LPA whilst creating or reviewing a Will. However, you can set up an LPA if you have a Will in place.

Responsibilities of an Attorney

Attorneys are placed in a position of trust and must always act in the donor’s best interests. Key duties include:

– Only doing what the donor has authorised.

– Keeping clear, separate, up-to-date financial records.

– Signing documents as “[Your Signature], Attorney for [Donor’s Name]” when acting on the donor’s behalf.

– Considering any preferences or instructions in the LPA.

– Respecting the donor’s human and civil rights.

Attorneys cannot:

– Make decisions outside the scope of the LPA.

– Refuse medicine prescribed by a medical professional.

– Decide on life-sustaining treatment unless the LPA explicitly grants that power.

– Override existing advance decisions (if the donor has made one).

Need expert guidance on attorney responsibilities? You can request an appointment with our estate planning experts at Howells.law or call us on 0114 2743481, or request a call back below.

Do You Need a Solicitor to Apply for a Lasting Power of Attorney?

You don’t have to use a solicitor to create an LPA. However, a solicitor can be invaluable to:

– Explain your options and legal implications.

– Draft and review the LPA applications.

– Act as your certificate provider (where appropriate).

– Advise attorneys about their duties and arrange signatures.

– Liaise with the OPG to register documents.

– Provide certified copies and store originals securely.

– Arrange capacity reports from a doctor if required (additional fees may apply).

Howells Solicitors are one of the best Wills and Probate Solicitors in South Yorkshire. We have a strong record of great service and positive client feedback. We rank as one of the top law firms in South Yorkshire for Wills, Trusts and Probate on review solicitors. We also rank as one of the top law firms for Estate Planning Solicitors on the Three Best Rated website.

Looking to set up a Lasting Power of Attorney? You can request an appointment at Howells.law or call us on 0114 2743481, or request a call back below.

What is the difference between Power of Attorney and Lasting Power of Attorney?

An Ordinary POA covers specific financial tasks and only applies while you have capacity. An LPA continues if you lose capacity and can cover health/care or property/financial decisions.

Can I cancel a Power of Attorney?

Yes. If you have capacity, you can revoke an LPA or Ordinary POA following the correct legal procedure and notifying relevant parties.

Find out more on:

Deputyship Application

Court of Protection

Lasting Powers of Attorney Solicitors

You can request an appointment with our Wills and Probate team at Howells.law or call us on 0114 2743481, or request a call back below.