How to make a Power of Attorney in the UK?

When someone close to you loses their mental faculties, it’s often too late to act with peace of mind. Anticipating these difficult situations by creating a power of attorney can protect their interests and ease the burden on the family. In the UK, there are several types of power of attorney, depending on needs and circumstances. Whether managing finances or making medical decisions, every choice must be carefully considered. To avoid making mistakes with far-reaching consequences, it is strongly recommended that you seek guidance from a solicitor who specialises in wills, trusts, and estate planning.

A properly executed power of attorney can prevent conflicts, protect your loved ones, and safeguard your wishes when you cannot act for yourself. Find out how to choose the power of attorney that’s right for you.

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The different types of Power of Attorney in UK

In the UK, the term Power of Attorney refers to a legal document whereby one person (known as the donor) authorises another (known as the attorney) to act on their behalf. The type of power of attorney chosen depends on the donor’s personal circumstances, the duration of the authority and the donor’s current and anticipated mental capacity.

Lasting Power of Attorney (LPA)

This is the most comprehensive form of power of attorney, designed to remain valid even if you lose mental capacity. There are two types:

1. Property and Financial Affairs LPA: Allows the attorney to manage bank accounts, pay bills, sell property, claim benefits, and handle all financial matters.
2. Health and Welfare LPA: Covers medical treatment decisions, care arrangements, and decisions about life-sustaining treatment.

An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used and costs £82 per application (with fee reductions available for those on low incomes).

Ordinary Power of Attorney (OPA)

This type of power of attorney is useful when the donor is mentally fit but wishes to delegate certain tasks, for example during illness, hospitalisation, or extended travel abroad. It automatically ends if the donor becomes mentally incapacitated.

The OPA does not need to be registered, but financial institutionsmay require evidence before accepting the authority. This often raises the question: do i have to register power of attorney with the bank? While official registration with individual banks is not required, most banks will request a certified copy of the document to authorise transactions, and some maintain internal registers for administrative purposes.

Enduring Power of Attorney (EPA)

This type of power of attorney was available before October 2007 and remains valid if properly created before that date. It becomes active on loss of mental capacity and must be registered with the OPG when the donor loses capacity.

Many people wonder how many people can be power of attorney? You can appoint one attorney or multiple attorneys with no legal limit on the number. When appointing multiple attorneys, you must specify whether they should act jointly (together on all decisions), severally (independently), or jointly for some decisions and severally for others.

Setting up a Lasting Power of Attorney

The Lasting Power of Attorney (LPA) is the most appropriate form of power of attorney in the UK for planning ahead in caseof mental incapacity. It follows a structured legal process designed to protect the donor’s interests.

Step 1: Choose your attorneys

Select trusted individuals who may be family members, friends, or professionals.Consider the question how many people can be power of attorney. There is no legal limit, but you must specify how they should make decisions together.

Step 2: Complete the forms

Use the official forms available on Gov.uk:

• LP1F for Property and Financial Affairs
• LP1H for Health and Welfare You can create both types if needed.

Step 3: Sign and certify

The document must be signed by:

• The donor
• The attorneys
• A certificate provider (someone who knows you well or a qualified professional)
• Witnesses where required

Step 4: Register with the OPG

Submit the completed forms tothe Office of the Public along with the registration fee. The process typically takes 8-10 weeks. Once registered, the LPA becomes  legally recognised =, including by banksand other institutions.

Regarding do I have to register power of attorney with the bank – while separate bank registration isn’t required, keeping certified copies is essential as financial institutions will need to verify the document before accepting instructions from your attorneys.

Cancellation of Power of Attorney

A power of attorney can be cancelled depending on its type and circumstances:

• Ordinary Power of Attorney (OPA):
  • Can be cancelled anytime if the donor has mental capacity
  • Notify attorneys and institutions in writing
  • No registration needed, but keep a copy
  • Keep records of the cancellation
• Enduring Power of Attorney (EPA):
  • Cancel by completing a revocation form and sending it toto the OPG
  • Notify all attorneys and institutions that have copies
  • Cancellation takes effect once processed by the OPG
• Lasting Power of Attorney (LPA):
  • Cancel by submitting a revocation form to the OPG
  • Notify all attorneys and relevant institutions
  • Keep a certified copy for reference

FAQs

Can I change my attorneys after registration? No, you cannot simply change attorneys on a registered LPA. You must either revoke the existing LPA and create a new one, or apply to the Court of Protection for specific amendments in exceptional circumstances.

What happens if my attorney dies or becomes incapacitated? If you appointed joint attorneys, the surviving attorney(s) can continue unless the document specifies otherwise. If you appointed a sole attorney or all joint attorneys are unable to act, the LPA becomes invalid and you’ll need to create a new one.

Can attorneys be paid for their services? Family and friends acting as attorneys typically serve without payment, though they can claim reasonable expenses. Professional attorneys (such as solicitors) can charge fees if this is specified in the LPA document and agreed upon beforehand.

A power of attorney is a powerful tool for protecting your interests and ensuring your wishes are respected if you become unable to make decisions for yourself. By choosing your attorneys carefully and following proper legal procedures, you can provide security for both yourself and your family.

Protect your wishes today!

Qredible’s network of specialist solicitors in wills, trusts, and estate planning will ensure your power of attorney is legally sound, comprehensive, and tailored to your specific needs.

KEY TAKEAWAYS

• There are different forms of power of attorney in the UK, each suited to specific needs and circumstances.
• Lasting Power of Attorney (LPA) must be registered with the Office of the Public Guardian (OPG) before use.
• You can appoint multiple attorneys with clear instructions on how they should work together.
• Banks will require evidence of power of attorney but formal registration with individual institutions is not mandatory.
• Cancellation procedures vary by type but require formal notification to the OPG and relevant partied.
• Professional legal advice, while not mandatory, is highly recommended to ensure validity and protect your interests.