How to make and register a power of attorney

• You can only make a power of attorney if you have mental capacity. This means you must be capable of making decisions for yourself.
• It’s a lot harder and more expensive for someone to help you with your money and property if you’ve already lost mental capacity. So, it’s important to make and register a power of attorney in advance.
• Without a power of attorney, your spouse, family or friends can’t make decisions on your behalf. Having one is important at any age to make sure your finances are handled as you want.
• It’s important to think about who you want to choose to manage your affairs and discuss your wishes. 

Depending on where you live, you can make and register a power of attorney that has no expiry date, ensuring your wishes are upheld even if you lose mental capacity.  

These are called:

• lasting power of attorney in England and Wales. This was called enduring power of attorney before October 2007. You can’t set this type anymore, but it is still valid to use.
• continuing power of attorney and combined power of attorney in Scotland
• enduring power of attorney in Northern Ireland.

You can also allow someone else to manage your financial affairs for a temporary period. This is called an ordinary (or general) power of attorney. It’s only valid if you have mental capacity.

The person making the power of attorney is called a donor. The person chosen to act on their behalf is called an attorney.   

If you make a power of attorney, the attorney or attorneys you have appointed must act in your best interest in:  

• temporary situations – for example, if you have a physical illness, you have an accident that leads to physical injury, or you’re abroad.
• longer-term situations – for example, you want to plan for the unexpected or have been diagnosed with dementia and might lose the mental capacity to make your own decisions in future.

They can:  

• pay your bills for you
• pay the mortgage or rent
• pay for your care
• invest money for you
• claim benefits on your behalf
• sign or end a rental tenancy
• buy and sell property, and
• arrange repairs for your property.  

If you make and register a power of attorney, and don’t want your attorney or attorneys to make decisions about your financial affairs straight away, make it clear in your power of attorney. In this guide, see our section How to stay in control of your power of attorney for more information. 

Go to GOV.UKOpens in a new window The online service will provide the forms and guide you through the process. 

The registration fee is £82.

The forms must be signed in this order: 

1. First, the donor needs to sign.
2. Next, a ‘certificate provider’, who isn’t a relative but knows the donor for at least two years or is a professional like a GP or lawyer, confirms the decision.
3. Lastly, the appointed attorney signs, and each signature needs a witness. Keep in mind that most GPs may charge around £50 for this certification process. 

The Office of the Public Guardian in Scotland doesn’t provide standard documentation for setting up a power of attorney. 

You can write it yourself, but most people use a solicitor. You can search for one who specialises in this area on the Law Society of Scotland websiteOpens in a new window

As part of the power of attorney process, you’ll also need to have had an interview with one of the following: 

• a solicitor registered to practise law in Scotland
• a practising member of the Faculty of Advocates
• a registered UK medical doctor who holds a licence to practise. 

This is to confirm that you understand what you’re doing. They’ll then complete a certificate of capacity, which forms part of your power of attorney document. 

When it’s been drawn up, you (or your solicitor) need to register your power of attorney document with the Office of the Public Guardian (Scotland) websiteOpens in a new window The registration fee is £85.

It doesn’t cost anything to draw up an enduring power of attorney, unless you want a solicitor’s help.

In Northern Ireland, you can use it without registering it while you still have mental capacity. But you must register it with the Office of Care and Protection as soon as your mental capacity starts to decline. The registration fee is £165.

To give someone enduring power of attorney, you need to fill out a specific form, available from a lawyer or a stationer specialising in legal documents.

Make sure you use the latest form and fill it out correctly, or it won’t be valid. Your lawyer can guide you through this process if you have one.

Once the form is filled in, you and witnesses must sign it. The attorney or attorneys also need to sign it before you’re unable to manage your affairs. Attorneys shouldn’t act as witnesses for each other.

It’s important to get the application right the first time. If you make a mistake, your application might be rejected, leading to delays and additional fees to reapply.

You don’t need a solicitor. But if you have complex needs or are unsure of the process, you could consider professional advice. Be aware of solicitor fees. 

Tailoring the power of attorney to your needs will be more useful for you and your attorney or attorneys. You can decide which powers to include or exclude, maintaining control over the decision-making process. 

If you want someone to look after your money for a temporary period, you can give them an ordinary power of attorney. It’s free to set up and doesn’t need to be registered with the Office of the Public Guardian. There is no form, but you need to use the following wording:

• This General Power of Attorney is made this day of (X) by me (donor’s full name) of (address). I appoint (attorney’s full name) of (address) (joint) / (jointly / jointly and severally) to be my attorney(s) in accordance with section 10 of the Powers of Attorney Act 1971.
• “Signed by me as a deed and delivered.”

It can be used as soon as you sign it. But be aware that it’s only valid if you have mental capacity. 

If you’re on certain mean-tested benefits such as Income Support, you can make a make a power of attorney for free – known as an exemption.

If you can’t get it free, you might be able to get a 50% discount if your salary is less than £12,000.

A lasting, enduring or continuing power of attorney will end if:   

• you decide to end it, and you still have mental capacity
• you and your partner get divorced or dissolve your civil partnership (unless you have specified that your former spouse keeps their authority as your attorney and continue to act on your behalf)
• your attorney goes bankrupt or enters into a Debt Relief Order (DRO)
• the attorney decides they no longer want to be one and you don’t have another attorney nominated
• you die, or the attorney dies or loses mental capacity and there isn’t another attorney
• the court appoints someone else to make decisions.

A power of attorney can only be registered when you have mental capacity. After that, your loved ones will need to apply to the courts to get a: 

• deputyship order in England and WalesOpens in a new window
• guardianship order in ScotlandOpens in a new window, or
• controllership in Northern IrelandOpens in a new window
  

Getting this done can be a lengthy process and costs more than setting up a power of attorney. The courts will carefully check your mental capacity and whether the person you picked is the best choice. If you’ve lost capacity, the decision of who acts on your behalf is unlikely to be someone you chose.   

After you've made your lasting power of attorney official, keep it safe until you need it.

You can make a list of your assets in a file that your attorney or attorneys can use to make financial decisions.

As long as you still have mental capacity, you can: 

• change or amend what’s in your power of attorney
• add or remove the powers you’ve chosen to share, or
• change who the attorneys are.   

Sign up with the banks and other providers, like your energy company, ahead of time, as gaining access might take some time. Requirements can vary between banks. 

It’s important to get certified copies of the power of attorney, which have been copied by someone at a bank or solicitor’s office. This is because some providers might only take that or the original, and you might not risk posting the original document if it’s your only copy.

You can also scan your power of attorney for a digital copy, in case providers ask you to email it to them.

If you live in England and Wales, the Office of the Public Guardian has an online toolOpens in a new window that lets attorneys:  

• contact banks and healthcare providers easier
• view the lasting power of attorney.