Types of Power of Attorney in the UK

If ever you lose the mental capacity to make your own informed decisions – whether it’s about your everyday health and wellbeing or your finances – a power of attorney arrangement can be a great help.

There are a few different types of legal power of attorney documents on offer, however, so it’s important that you set up the right one for your personal needs. 

Here’s a quick guide to the various types of power of attorneys available in the UK.  

What is a power of attorney? 

The power of attorney refers to the legal authority to make decisions on behalf of another person, usually concerning their every-day affairs, finances, housing and healthcare. 

There are different types of power of attorney arrangements that can be set up for different needs, including:  

 

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What are the different types of power of attorney? 

As mentioned, there are a number of power of attorneys to choose from, and you are able to set up more than one if needs be. 

Each power of attorney has its benefits, so read on for more information and don’t hesitate to get in touch with our team if you are unsure of which option best suits your situation. 

What is a lasting power of attorney? 

A lasting power of attorney is a legal arrangement that allows someone else (an ‘attorney’) to make decisions about your financial affairs and/or your healthcare if ever you lose the mental capacity to do so yourself.  

An LPA should be set up while you’re still of sound mind, so that you are covered in the future.  

Many people choose to set up a lasting power of attorney when they believe that they may be losing the ability to make their own decisions (as they deteriorate with an illness or age), but it is a good idea to do so before it’s too late.  

When you set up an LPA, it allows you (the ‘donor’) to continue living your life with some degree of control over your decisions through your attorneys.  

There are two main types of lasting power of attorneys available in the UK:  

  • Health and Welfare LPA: this covers your day-to-day decisions on things like your food, clothing and healthcare. 
  • Property and Financial Affairs LPA: this typically covers the financial aspects of your life, including your bills, pensions, tax and so on. 

LPAs can be temporary or permanent, depending on your needs, and you can choose to have either one or both types of LPA in England and Wales.  

In order to be eligible to make a lasting power of attorney, you must be 18-years-old or over and have the mental capacity to make your own informed decisions.  

Who you choose as attorneys is up to you, but you should make sure that they will prioritise your best interests. Many people choose close friends, relatives or professional solicitors as attorneys, but it can be anyone over the age of 18.  

The benefits of having a lasting power of attorney include:  

  • You keep some control over your life by appointing a trustworthy attorney with your best interests at heart. 
  • You will save money as setting up an LPA is more affordable than becoming a ‘deputy’, which is the alternative option. 
  • The LPA will be valid as soon as it’s registered, meaning that there is no delay. 
  • You receive a priceless peace of mind in knowing that your finances and your wellbeing will be taken care of by a reliable attorney. 

 

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What is an ordinary power of attorney? 

An ordinary power of attorney gives your chosen representatives the legal right to handle your financial affairs. Notably, it is valid while you still have the mental capacity to make your own decisions.  

Many people tend to opt for an ordinary power of attorney under certain circumstances where you only need cover for a short-term or temporary period, such as during a hospital stay or even a holiday.  

Learn more: What is the Meaning of POA? 

What is enduring power of attorney? 

Enduring power of attorneys were previously issued in the UK, but were replaced by lasting power of attorneys in October 2007.  

If you happened to set up an EPA before the 1st of October 2007, it should still remain valid and your attorney(s) should be able to act on your behalf when needed.  

Enduring power of attorney arrangements cover decisions made regarding your financial affairs, similar to the Property and Financial Affairs LPA. It is initiated if you lose mental capacity, or if you decide that you would prefer your attorney(s) to act on your behalf to make better informed decisions.  

Read more: Should I Get a Lasting Power of Attorney? 

Set up a power of attorney today  

Setting up a power of attorney is the perfect way to protect your future self against the dangers of losing the mental capacity to make your own informed decisions, which is why it’s so important to arrange while you’re still of sound mind. 

To get started on your power of attorney, register with us here at Wills.Services with a few simple personal details.

Or, if you’re looking for more information on what type of power of attorney you should choose, simply fill out our short contact form and we will be in touch at a time that suits you.

Lasting Power Of Attorney services & fees

All our fees include the OPG filing fee of £82 per LPA*

*Before a Lasting Power of Attorney can be used it has to be registered with The Office of the Public Guardian (OPG). They charge a registration fee of £82 per Lasting Power of Attorney. Therefore, the fee for "Both in One" is £164.

Property & Financial LPA

Wills Services - £175

Which? Wills - £221

Co-op Legal Service - £307

+ VAT, INCLUDES OPG filing fee*

Health & Welfare LPA

Wills Services - £175

Which? Wills - £221

Co-op Legal Service - £307

+ VAT, INCLUDES OPG filing fee*

Both in one

Wills Services - £295

Which? Wills - £442

Co-op Legal Service - £539

+ VAT, INCLUDES OPG filing fee*

Article reviewed 16th June 2021