Understanding power of attorney

A power of attorney is a legal document that allows 1 or more people to make decisions for another person about their money, property or even their care.

There are 2 parties involved in a power of attorney:

• the ‘donor’ is the person whose money, property or care is involved in the power of attorney
• the ‘attorney’ is the person who has been tasked with helping managing the money, property or care

A power of attorney can be in place for a limited time, or for longer-term support – it depends on what the donor needs. For example, a limited time power of attorney offers support for a particular situation – such as selling a house. Longer-term agreements are there to ensure the donor has ongoing support, even if they lose mental capacity.

There are different types of power of attorney available depending on where you live in the UK and the kind of support you want.

A GPA can sometimes be called an 'ordinary power of attorney'. In Northern Ireland they are known simply as 'power of attorney'.

A GPA is designed to give short-term support with money or property. They can be useful for certain situations. For example, if the donor is out of the country but needs someone UK-based to assist with a specific task like buying or selling property. Or if they need to be in hospital for a short period of time.

You can set up a GPA to last for a fixed amount of time. Or for as long as it takes to complete a specific task (like selling a house).

It will end automatically if the donor loses mental capacity. This is when they are no longer able to make their own decisions.

You should only register the GPA with us when the attorney needs to start supporting the donor with their finances. We can’t accept a GPA with an instruction for it to come into effect on a future date.

There are 2 different types of LPA: 

• Health and welfare: this covers things like the donor’s medical care, where they should live and who can contact them.
• Property and financial affairs: this covers things like buying or selling property and managing money. 

A donor would need to set up an LPA while they have mental capacity.  This means they are still able to make their own decisions without help.

An LPA is useful when preparing for the future.

It helps the donor stay in control of their finances as they'll know exactly how their affairs will be managed in the future. 

An LPA is designed for long-term support. The donor can choose when they’d like it to start. This can be as soon as it is registered with the Office of the Public Guardian or only if they lose mental capacity in the future. 

They can be set up anytime, but should only be registered with us when the attorney needs to start supporting the donor with their finances. We can’t accept an LPA with an instruction for it to come into effect on a future date.

An attorney can only register it with us when the donor loses mental capacity – otherwise the donor should do this.

Enduring power of attorney (EPA) lets the attorney make decisions about property and money on behalf of the donor.

In England and Wales, EPA was replaced by LPA on 1 October 2007. We can only accept an EPA that was made and signed before this date, otherwise an LPA will be needed.

When you come to register the LPA with us, you can share a summary of it with us online. That means we won't need to see the original document.

You'll need to create an access code on the government's website. Then just put that code on your registration form and we'll use it to verify the document.

You can only use this option if the LPA was registered with the Office of the Public Guardian on or after 1 January 2016. If it was registered before then, we’ll need to see a paper copy.

GOV.UK's use a lasting power of attorney service (opens in a new window)

A continuing power of attorney is only available in Scotland. But it works in a similar way to a LPA. 

The ‘granter’ (same as donor in the UK) can allow 1 or more people (the 'attorneys') to make decisions about their money or property.

They can also set up a welfare power of attorney, which will apply once mental capacity is lost. This legal document lets someone else make decisions about healthcare or medical treatment. 

If the granter would like the same attorney to manage both money and welfare, this is called a 'combined power of attorney'. 

A continuing power of attorney is designed to give the granter long-term support. For example, if they become unwell as they get older, an attorney can step in to help manage their affairs.

The granter will need to set up a continuing power of attorney while they have mental capacity.  This means they're still able to make their own decisions without help. 

They will set out in the document when they would like it to start. This can be when the document is registered with the Office of the Public Guardian Scotland or at the point they need help from an attorney in the future. 

The document should only be registered with us when the attorney needs to start supporting the donor with their finances. We can’t accept a continuing power of attorney with an instruction for it to come into effect on a future date.

EPA is only issued in Northern Ireland. But works in a similar way to an LPA.

An EPA is designed to offer long-term support. So, it's useful if the donor is thinking about how their affairs will be managed in future. For example, if they become unwell or unable to make their own decisions. 

Remember, an attorney must register the EPA with the High Court (Office of Care and Protection) if the donor loses mental capacity.

The donor will need to set up an EPA while they still have mental capacity.  This means they’re still able to make their own decisions without help. 

The donor can then choose when they'd like the EPA to start. This can be when all parties have signed the document or at the point mental capacity is lost.

The document should only be registered with us when the attorney needs to start supporting the donor with their finances. We can’t accept an EPA with an instruction for it to come into effect on a future date.

With any power of attorney, it’s up to the donor (or granter) to decide what an attorney can or cannot do on their behalf. 

When someone agrees to act as an attorney, they agree to only make decisions in the best interests of the donor. And they can only act in ways set out in the document.

For extra financial protection, attorneys should keep a record of any money they spend.

In most cases, the donor decides how long the power of attorney will last when it is set up.

As long as they have mental capacity – meaning they can make their own decisions – they can choose to end a power of attorney at any time. 

A GPA will end when specified in the document, or if the donor loses mental capacity. It’s generally designed to give them short-term support. So, if they become unable to make their own decisions – perhaps due to illness – the power of attorney will end. 

An LPA works differently. This is designed to give the donor long-term support if and when they need it.

The donor can choose to start an LPA at any point. And it will continue to last throughout their lifetime – even with the loss of mental capacity. 

To end an LPA you will need to use a deed of revocation as long as the donor hasn’t lost mental capacity.

A power of attorney will automatically end:

• when the donor dies
• if the attorney dies and there is no replacement attorney 
• if the attorney loses the ability to make decisions  
• if the attorney becomes bankrupt or subject to a Debt Relief Order.

Costs can vary depending on the type of power of attorney chosen and whether or not a solicitor is involved.

You don’t have to use a solicitor to set up a power of attorney. But remember that these are legal documents. So, you may want to seek independent legal advice - especially if you are the donor.

Depending on where you live, a lasting power of attorney (LPA) must be registered with the relevant agency. The attorney can only start supporting the donor once the document is registered. 

You do not need to register a general power of attorney (GPA) anywhere in the UK. These can begin as soon as all parties have signed the document. And there are no costs to do this.

Each agency charges around £80 to £150 to register each document – though this can vary.  

If the donor is on a low income or receives certain benefits, they may only need to pay some of this fee. Or they may not have to pay a fee at all.  Speak to the registration agency for more information.

In England and Wales, register an LPA with the Office of the Public Guardian (opens in a new window).

In Scotland, register a continuing power of attorney with the Office of the Public Guardian (Scotland) (opens in a new window).

In Northern Ireland, register an enduring power of attorney (EPA) with the Office of Care and Protection (opens in a new window).

Across the UK, a power of attorney can be set up online, by post or via a solicitor.

A donor can choose anyone to act on their behalf. As long as they’re aged 18 or over and able to make decisions for the donor and for themselves. 

There can be as many attorneys as the donor likes – though most people tend to choose between 1 and 4. Some choose to have different attorneys to manage different tasks such as 1 for health and 1 for money.

Each attorney should act in the donor's best interests. So, donors should think about choosing someone who knows them well and who they trust to make decisions for them. 

Some donors choose a professional attorney – like a solicitor or accountant. This could be helpful when there are complex affairs to be managed or the donor would rather not ask friends or family. There will be costs if you choose to do this.

Yes, a partner or spouse can be an attorney.

Most organisations – like Nationwide – cannot give anyone but the donor access to their money or information. So, if you’d like support from your partner or spouse, you’ll need to have a document like a power of attorney or Third Party Mandate in place.

With a joint account, 2 people legally share all the money (and all the debt) in the account. 

But with a power of attorney, the donor remains in control of all their money. And the attorney can only access the accounts in the way that’s been set out.  

If the donor chooses to have more than 1 attorney, they will need to decide how they make decisions together. 

It can be set out that all attorneys must make decisions together. This is called ‘acting Jointly’. Or if each attorney is to make decisions on their own, this is called ‘acting Jointly and Severally’.

The donor may decide that attorneys can act on their own in some matters and together in others. For example, they might want all attorneys to make decisions about property together. But are happy for them to manage current accounts without having to consult each other.

If attorneys are acting Jointly, this can limit access to Internet Banking, cards and chequebooks.

You don’t have to use a solicitor to set up a power of attorney. Once the donor has chosen their attorney(s), a document can be created or a setup form completed. You can access these forms via a registration agency (like the Office of the Public Guardian).

Remember that all types of power of attorney are legal documents. And some can last a long time. So, all parties may choose to get professional advice from a solicitor. 

A donor can create a GPA themself or choose to get help from a solicitor. The document will follow specific wording and is signed by the donor.  

First, access a power of attorney form from the registration agency or a solicitor. For example, in England and Wales, you can get a setup form by contacting the Office of the Public Guardian.

Both the donor and attorney(s) will need to sign and complete the form. In most cases, this can be done online or using a paper form.

The form will need to be signed by a ‘certificate provider’. This is someone independent – often a GP or other professional. They sign to confirm that the donor has mental capacity and understands they’re setting up the arrangement out of their own free will.

Next, return the completed forms to the registration agency. You can do this online, by post or by asking your solicitor to manage this.

Depending on where you live in the UK, it can take a few weeks for the agency to register the document. So, bear this in mind if the attorney is needed to support the donor in the near future.

If there is a power of attorney already, the donor will need to register it with us before the attorney can access Nationwide accounts.