What Power of Attorney Can Do in the UK: Complete Guide for 2025
Understanding what power of attorney can do in the UK is essential for anyone preparing for the future. Whether due to illness, old age, or being overseas, appointing someone to manage your affairs ensures your wishes are respected—when you can’t act for yourself. This guide breaks down the types of POA, what attorneys can and can’t do, and how to put one in place.
If you’re planning ahead for yourself or helping a loved one, a Power of Attorney (POA) can offer peace of mind, clarity, and legal protection.
What Is Power of Attorney?
A Power of Attorney is a legal document that allows someone you trust—called the “attorney”—to act on your behalf. You, the person granting this power, are called the “donor.”
You can use a POA to cover temporary issues like illness or travel—or long-term matters such as health and financial decisions if you lose mental capacity.
Why Power of Attorney Matters
Without a POA, no one—not even your spouse or children—can automatically make decisions for you. Instead, they would need to apply to the Court of Protection, which is costly, stressful, and time-consuming.
Types of Power of Attorney in the UK
There are several types of POA, each tailored to different situations. Understanding which one to use is key to knowing what power of attorney can do in the UK.
- Ordinary Power of Attorney (OPA): Used short-term while you still have mental capacity—ideal if you’re overseas or recovering from surgery.
- Lasting Power of Attorney (LPA): For long-term planning. This type continues even if you lose mental capacity and comes in two forms:
- Property and Financial Affairs LPA: Manages money, bills, and property.
- Health and Welfare LPA: Covers medical treatment and personal care.
- Enduring Power of Attorney (EPA): Pre-2007 version, still valid if signed before 1 October 2007 and registered when needed.
Today, LPAs are the most commonly used and are overseen by the Office of the Public Guardian (OPG).
What Power of Attorney Can Do in the UK
Your attorney’s legal authority depends on the type of POA in place. All attorneys must act in your best interests and follow the rules set by the Mental Capacity Act 2005.
What a Property and Financial Affairs LPA Can Do
- Access and manage your bank accounts
- Pay bills, rent, mortgage, and care home fees
- Claim pensions or benefits
- Buy, sell, or manage property
- Handle tax, investments, and insurance
This LPA can be used while you still have capacity or only once it’s lost—depending on how you set it up.
What a Health and Welfare LPA Can Do
This LPA becomes active only when the donor loses capacity. Attorneys can then:
- Make decisions about medical treatment
- Choose care homes or care arrangements
- Consent to or refuse life-sustaining treatment (if permitted)
- Manage daily routines and personal care
Without this LPA, decisions might be left to social services or doctors—possibly against your wishes.
What Power of Attorney Cannot Do
While the powers are broad, there are legal limits. Attorneys cannot:
- Make or change your will
- Act after your death (that’s the executor’s role)
- Transfer their authority to someone else
- Make large gifts without court approval
- Break the terms of the POA or act in their own interest
They must keep records and avoid conflicts of interest at all times.
Who Can Be an Attorney?
Attorneys must be over 18 and mentally capable. You can appoint:
- A partner or family member
- A friend you trust
- A professional, such as a solicitor
You may appoint more than one attorney and choose whether they act together, separately, or in specific ways.
When Does a Power of Attorney Start and End?
- Ordinary POA: Starts immediately and ends when revoked or if you lose mental capacity.
- Lasting POA: Starts once registered with the OPG. Health LPAs only begin after capacity is lost.
- All POAs: Automatically end upon your death.
After death, the executor of your will takes over your estate—not the attorney.
Real-Life Example: How Power of Attorney Helps
Margaret, age 80, appointed her daughter and son as attorneys through an LPA. When Margaret had a stroke, her children were able to:
- Access her bank accounts to pay for medical care
- Sell her home to fund long-term nursing
- Make medical decisions aligned with Margaret’s wishes
Because her POA was in place, there was no need for legal battles. Her family stepped in quickly and confidently.
Costs and Next Steps
Registering each LPA with the OPG costs £82 (as of 2025). If you’re on a low income, you may be eligible for a fee reduction or exemption.
To see how we can help, visit our transparent pricing page or book a free consultation.
Conclusion: Why Power of Attorney Matters
Understanding what power of attorney can do in the UK is about preparing for the future with confidence. It’s about protecting yourself and those you care about—financially, medically, and legally.
With the right POA in place, you gain control even when life takes an unexpected turn. Don’t wait until it’s too late. Learn more about setting up an LPA or speak to our experts today to get started.