Why Power Of Attorney Is Important In The UK
Many people delay planning for the unexpected—but understanding why Power of Attorney is important could make a critical difference when it matters most. A Power of Attorney (POA) allows someone you trust to make decisions on your behalf if you become unable to do so. Without it, even close family members may be legally powerless in times of crisis.
This article explains why setting up a Power of Attorney is one of the smartest and most compassionate things you can do for yourself and your loved ones. We’ll explore how it works, the risks of not having one, and how to set it up correctly in the UK.
If you’re ready to put the right legal protection in place, book a free consultation with our estate planning specialists or review our transparent pricing options for quick and affordable service.
What Is a Power of Attorney?
A Power of Attorney is a legal document that gives someone else the authority to make decisions on your behalf. This person is called your “attorney” (not necessarily a solicitor)—and they’re chosen by you to act in your best interests.
In the UK, there are two key types of Lasting Power of Attorney (LPA):
- Property and Financial Affairs LPA – Covers decisions about money, bills, bank accounts, property, and investments.
- Health and Welfare LPA – Covers decisions about medical treatment, care needs, and daily routines.
Both types allow your chosen attorney to step in if you lose mental capacity due to illness, accident, or old age. You must create them while you still have capacity.
Why Power of Attorney Is Important: 7 Key Reasons
1. Ensures Your Wishes Are Respected
Without a POA in place, no one has automatic legal authority to make decisions for you—even your spouse or children. Appointing an attorney ensures that someone you trust can act in your best interests and follow your values.
2. Avoids Costly Delays and Court Applications
If you lose capacity without a POA, your loved ones must apply to the Court of Protection to become a deputy. This process is expensive, time-consuming, and can take several months—leaving your finances and care unmanaged in the meantime.
Setting up a POA in advance avoids this scenario entirely.
3. Protects Your Financial Affairs
A Property and Financial Affairs LPA allows your attorney to manage:
- Bank accounts
- Paying bills and taxes
- Claiming benefits
- Selling or managing property
Without it, banks and financial institutions will freeze access, regardless of relationship, unless a court order is granted.
4. Supports Health and Care Decisions
A Health and Welfare LPA ensures your attorney can make decisions about:
- Medical treatment (including life-sustaining care if authorised)
- Care home choices
- Living arrangements and daily routines
This is vital if you want your voice heard when you’re unable to speak for yourself.
5. Gives You Control and Peace of Mind
Setting up a POA is an empowering step. It allows you to:
- Choose who will represent you
- Set limits or instructions
- Appoint replacements if your primary attorney can’t act
Instead of leaving it to chance, you stay in control of how decisions will be made—no matter what the future holds.
6. Helps Avoid Family Conflict
Without clear legal authority, family members may disagree over what should happen to your finances or care. A POA removes doubt and confusion, making your wishes legally binding and reducing the risk of arguments or disputes.
7. Works Alongside Your Will
While your will covers what happens after you die, a Power of Attorney covers what happens while you’re still alive but unable to act. Together, they form a complete estate plan that protects you and your loved ones at every stage.
Need help getting started? Book a free consultation or explore our fixed-fee pricing for complete peace of mind.
What Happens Without a Power of Attorney?
If you become unable to make your own decisions and haven’t set up a POA, no one can legally act on your behalf. Your family will have to apply for deputyship via the Court of Protection—a process that:
- Costs more than setting up an LPA
- Can take several months
- Requires ongoing annual reports and fees
- Involves strict court supervision
Even spouses or children won’t be able to access your bank accounts or make care decisions without legal authority.
Who Should Have a Power of Attorney?
Contrary to popular belief, POAs aren’t just for the elderly. Anyone over 18 can set one up, and it’s especially important if you:
- Have dependents
- Own property or a business
- Have health conditions
- Are planning major medical treatment
- Are travelling or living abroad
Life is unpredictable. A POA ensures your affairs are protected no matter what happens.
When Should You Set Up a POA?
Now. You can only create a Power of Attorney while you have mental capacity. Once that’s lost due to illness, dementia, or accident, it’s too late to sign one—and the legal burden falls on your family.
Early action gives you time to:
- Choose the right attorney(s)
- Get legal advice
- Register the document with the Office of the Public Guardian
Most people wait too long. Setting up your POA early is an act of care and responsibility.
How to Set Up a Power of Attorney
Creating a POA in the UK involves:
- Choosing your attorneys
- Filling out the official LPA forms
- Getting them signed and witnessed in the correct order
- Submitting them to the Office of the Public Guardian
While you can complete the process yourself via GOV.UK, many people prefer professional help to avoid errors or delays.
Speak with our experts if you need assistance—we’ll make the process smooth and stress-free.
FAQs: Why Power of Attorney Is Important
Can I make a Power of Attorney without a solicitor?
Yes, but it’s easy to make mistakes. Professional help ensures the forms are filled and signed correctly.
Can I still manage my affairs after making a POA?
Yes. Your attorney only steps in when you want them to or if you lose capacity.
Is Power of Attorney valid after death?
No. It ends when the donor dies. After that, your will takes over.
How much does a Power of Attorney cost?
The registration fee is £82 per LPA. Professional support is available—see our pricing for transparent options.
Conclusion: Secure Your Future with a Power of Attorney
Why Power of Attorney is important boils down to one word: protection. It gives you control, ensures your wishes are honoured, and prevents your loved ones from being locked out of critical decisions when you need them most.
Don’t wait for a crisis to act. Take this simple but powerful step today—and gain lasting peace of mind for yourself and those who matter most.
Book a free consultation or check out our pricing plans to get started with your Power of Attorney today.