Property and financial affairs
Paying bills, managing bank accounts, selling your home.
Suits: Can be used with your permission once registered
For while you’re still alive
Power of attorney
Choose someone you trust to make decisions for you if you ever can’t. Your will covers after you die; this covers before.
Plain English, and nobody will try to sell you anything.
The two types, and where your will fits.
In England and Wales, you can make one lasting power of attorney or both. Most people make both.
Who can make one? Anyone aged 18 or over who has the mental capacity to make their own decisions at the time. Once capacity is lost, it’s too late, and your family may have to apply to the Court of Protection instead. See gov.uk/power-of-attorney.
Health and welfare
Your care, where you live, medical treatment.
Suits: Used only if you can’t decide for yourself
Your will
Covers what happens after you die, when a power of attorney ends.
Why make one now?
It’s not just for old age. An accident or sudden illness can happen at any age.
Your family can’t just step in. Not even a husband, wife or civil partner automatically has the right to run your finances or make decisions for you.
The alternative is slower. Without one, your family may have to apply to the Court of Protection, which takes longer and costs more.
You choose who. Pick the people you trust, not whoever a court appoints.
How to make a lasting power of attorney.
You can do it yourself on gov.uk, or ask a solicitor to help.
Step 1Choose your attorneys.
One or more people you trust, aged 18 or over. You can say whether they decide together or separately.
- Step 2
Fill in the forms and sign.
You, your attorneys and a certificate provider, who confirms you understand it, all sign, in the right order.
Step 3Register it.
It must be registered with the Office of the Public Guardian before anyone can use it. There’s a fee, unless you qualify for help.
Questions about power of attorney.
Short answers for England and Wales.
What’s the difference between a will and a power of attorney?
A will takes effect when you die. A power of attorney only works while you’re alive, and ends when you die.
Who should I choose as my attorney?
Someone you trust completely, who’s organised and will do what you’d want. Many people choose a partner, an adult child or a close friend.
Can I cancel it?
Yes, as long as you still have mental capacity. You tell the Office of the Public Guardian and your attorneys.
What about an old enduring power of attorney?
Enduring powers of attorney made before October 2007 can still be used for money and property, but must be registered once you start to lose capacity.
Is it different in Scotland or Northern Ireland?
Yes. Scotland has continuing and welfare powers of attorney, registered with its own Office of the Public Guardian. Northern Ireland has its own system too.
Useful information
Make or register one
The official forms, the current fee and help with it are on gov.uk/power-of-attorney.
If you’re worried about an attorney
The Office of the Public Guardian investigates concerns about how an attorney is acting. See gov.uk.
Still need support?
Ask a real person where to start with power of attorney. Nobody will try to sell you anything.
Monday–Thursday 9am–7pm, Friday 9am–3pm
