Power of attorney UK: types, costs and how to set one up in 2026

Who would make decisions for you if you lost mental capacity? Setting up a Power of Attorney ensures someone you trust can step in and make decisions on your behalf. Whether you need short-term cover or lifelong protection, acting now prevents a lot of stress for your family later. To get it right first time and navigate the strict legal rules, tailored advice from a wills probate & estate solicitor can help you choose the right document, or you can read our related articles for more guidance.

Key takeaway: What is a power of attorney and how does it work?

A power of attorney is a legal document giving someone you trust the authority to make decisions on your behalf if you lack the mental capacity to do so, or if you simply need temporary help with your affairs.

Read on to discover which type is right for you and how to avoid the expensive costs of doing nothing.

Understanding the four types of legal authority in England and Wales

This guide focuses on powers of attorney in England and Wales. Scotland uses continuing and welfare powers of attorney, while Northern Ireland has a different regime based on enduring powers of attorney.

• General Power of Attorney: A temporary solution used while you have mental capacity (e.g., during a hospital stay). It ends automatically if you lose capacity.
• Lasting Power of Attorney (LPA): The modern standard for long-term protection. It covers health or finance decisions and remains valid after you lose capacity.
• Enduring Power of Attorney (EPA): Older financial documents created before October 2007. New ones cannot be made, but existing ones remain valid.
• Court of Protection Deputyship: Required if someone loses capacity without an LPA in place; family members must apply to the court to manage their affairs.

Please note that “durable power of attorney” is an American term. In England and Wales, the closest modern equivalent is a lasting power of attorney.

Here is a summary table to clarify the different authorities:

Financial power of attorney versus medical power of attorney

When creating a Lasting Power of Attorney (LPA), you can set up one or both of these distinct types:

• Financial LPA: Covers money and property (paying bills, managing bank accounts, selling your home). You can allow your attorney to use it immediately (with your permission) or only after you lose mental capacity.
• Health and Care LPA: Covers daily routines, medical care, and life-sustaining treatment. Unlike the financial LPA, it can only be used if you completely lose the ability to make your own decisions.

Real Case Scenario:

An attorney under a Lasting Power of Attorney cannot freely gift the donor’s assets. Under the Mental Capacity Act 2005, only small, customary gifts are allowed, and anything beyond that usually needs Court of Protection approval. In Chandler v Lombardi [2022] EWHC 22 (Ch), the High Court ruled that an attorney’s self-transfer of property as a “gift” was unlawful and void, reinforcing strict fiduciary duties.

How much does a power of attorney cost in 2026?

egistering your LPA involves mandatory government fees. In 2026, the Office of the Public Guardian fee is £92 per document.

• Single LPA: £92
• Both LPAs (Financial & Health): £184

If your LPA application is rejected because of a mistake, you may need to pay a £46 resubmission fee if you correct and resend it within 3 months.

Financial Support:
If your annual income is below £12,000, you may qualify for a 50% discount. If you receive specific income-related benefits, you may be exempt from fees entirely.

How to set up a lasting power of attorney online or by post

Setting up a Lasting Power of Attorney (LPA) involves four key steps:

• Choose Your Attorney: Appoint one or more trusted people (18+). Financial attorneys cannot be bankrupt.
• Complete the Forms: Apply online via the official government service (lastingpowerofattorney.service.gov.uk) or request a paper application pack by post.
• Sign in the Correct Order: Crucial to avoid rejection. You must sign first, followed by your certificate provider (an independent person confirming your capacity and freedom of choice), and finally, your attorneys.
• Register the Document: Send the forms to the Office of the Public Guardian. Processing takes several weeks.

Court of Protection deputyship: The cost of doing nothing

Delaying an LPA because you assume your spouse or children will automatically gain access to your bank accounts is a dangerous misconception.

Without a registered LPA, your family is legally locked out of your financial affairs. To gain access, they must apply to the Court of Protection for a deputyship.

Compared to an LPA, this process is slow, stressful, and exceptionally expensive:

• LPA Fee: £92 per document, or £184 for both a financial LPA and a health and welfare LPA
• Deputyship Costs: £400 to £3,000+ (includes court fees, legal costs, medical assessments, and ongoing annual reporting fees).

FAQs

Who would you want speaking to doctors on your behalf if you couldn’t?

A health and welfare attorney can communicate with medical professionals and make healthcare decisions for you.

How does power of attorney work?

Once registered, your chosen attorney steps into your shoes legally. For financial matters, they can interact with banks and property buyers as if they were you. For health matters, they can speak to doctors on your behalf. They are legally bound to act in your best interests at all times.

Who can be a power of attorney?

Your attorney can be a relative, a trusted friend, or a professional such as a solicitor. They must be aged eighteen or over. For a financial document, they cannot be bankrupt or subject to a Debt Relief Order. You must choose someone who manages their own affairs well.

Securing a Power of Attorney is a crucial step to protect your future. Whether you need a temporary ordinary power of attorney or lifelong security with an LPA, having the right legal authority in place is essential. Understanding the costs, signing procedures, and the high price of a Court of Protection deputyship allows you to make informed choices and save your family from future distress.

This guide provides general information only and does not constitute legal advice.

If your family is facing complex capacity issues or you need a watertight document, Qredible’s network of specialist solicitors can help you protect your rights and secure the protection you deserve.

KEY TAKEAWAYS:

• Understanding the four types of legal authority in England and Wales: You must choose between an ordinary, lasting, or enduring power of attorney to avoid the costly route of Court of Protection deputyship.
• Financial power of attorney versus medical power of attorney: You can appoint attorneys to handle your property and money, your health and welfare, or both, ensuring complete protection across all areas of your life.
• Court of Protection deputyship: The cost of doing nothing: Failing to set up a power of attorney while you have capacity can cost your family thousands of pounds in court fees and cause severe delays in managing your care.