Life is unpredictable, and while we hope never to face serious illness or sudden incapacity, planning ahead can protect both you and your loved ones from unnecessary stress. Whether for health, finances, or property matters, getting help from experienced solicitors for power of attorney can make the process straightforward and reassuring.
Setting up a Power of Attorney ensures that, if you’re unable to make decisions yourself, someone you trust can act on your behalf. Let’s explore why this legal document matters, how it works, and how it can give your family peace of mind during uncertain times.
What Is a Power of Attorney?
A Power of Attorney (PoA) is a legal document that allows you (the “donor”) to appoint one or more people (known as “attorneys”) to make decisions on your behalf. These decisions can relate to your finances, property, or personal welfare.
There are two main types of Power of Attorney in England and Wales:
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Lasting Power of Attorney (LPA): Covers health and welfare, or property and financial affairs. It remains valid if you lose mental capacity.
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Ordinary Power of Attorney: Used for temporary situations where you need someone to handle financial matters, for example if you’re abroad or recovering from illness.
The GOV.UK guide to Powers of Attorney offers a clear overview of the different options and how they’re registered.
Why a Power of Attorney Matters
Without a Power of Attorney, your loved ones may struggle to manage your affairs if you become unable to do so yourself. Banks can freeze accounts, bills may go unpaid, and crucial health decisions might be delayed.
An LPA ensures that someone you trust can step in immediately, avoiding lengthy court applications. It allows them to:
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Manage your finances, such as paying bills and accessing savings.
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Make medical or care decisions if you can’t.
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Sell or maintain property if required.
Most importantly, it gives you control — you decide who acts for you, and under what circumstances.
Choosing the Right Attorney
Selecting an attorney is one of the most important parts of the process. Choose someone who is:
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Trustworthy: They’ll have access to sensitive financial and personal information.
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Responsible: Able to make decisions calmly and in your best interest.
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Available: Willing and able to take on the responsibility if needed.
Many people appoint family members, but you can also choose close friends or professional attorneys, such as solicitors, if you prefer impartiality.
The Office of the Public Guardian regulates how attorneys operate and can step in if someone acts improperly.
Health and Welfare Decisions
A Health and Welfare LPA covers decisions such as medical treatment, care arrangements, and daily routines. It only takes effect when you lose mental capacity.
This form of LPA gives your loved ones legal authority to ensure your wishes are respected — whether that means choosing a care home, approving treatments, or following your advance healthcare preferences.
It provides clarity at a time when emotions can run high, helping families avoid disagreements and guilt over difficult choices.
Financial and Property Affairs
A Property and Financial Affairs LPA allows your attorney to manage everyday financial matters. This can include:
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Paying bills, mortgage, or rent.
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Managing pensions and investments.
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Collecting income or benefits.
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Selling property if necessary.
This type of LPA can be used as soon as it’s registered (with your permission) or activated only if you lose capacity. Your solicitor can explain how to tailor the document to your preferences.
Registering a Power of Attorney
Your LPA must be registered with the Office of the Public Guardian before it can be used. Registration can take up to 20 weeks, so it’s best not to delay.
To register, you’ll need:
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Completed LPA forms (available online or through your solicitor).
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Signatures from the donor, attorney(s), and a witness.
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Payment of the registration fee (fee reductions are available for low incomes).
Reviewing and Updating Your LPA
It’s a good idea to review your Power of Attorney every few years or after major life events such as marriage, divorce, or moving home. Circumstances change, and your chosen attorney might no longer be the best fit.
If you wish to revoke or amend your LPA, your solicitor can guide you through the correct legal process to ensure the change is valid and properly recorded.
Providing Peace of Mind for You and Your Family
Putting a Power of Attorney in place isn’t just a legal step — it’s an act of care. It ensures that, no matter what happens, your affairs are managed smoothly and according to your wishes.
For families, it brings immense reassurance. Instead of facing uncertainty during a crisis, your loved ones can focus on what matters most: supporting you.
Legal Disclaimer
This article is for general information purposes only and does not constitute legal advice. Power of Attorney documents must be tailored to individual circumstances and properly registered with the Office of the Public Guardian. Always seek legal advice before setting up or changing an LPA to ensure it reflects your wishes and complies with current law.
