Power of Attorney UK 2026 — Types, Costs and How to Set One Up

Power of Attorney UK 2026 — Types, Costs and How to Set One Up

Power of Attorney UK 2026 — Complete Guide

Power of Attorney (POA) is one of the most important legal documents you can prepare — yet most UK adults don’t have one. Without it, if you lose mental capacity, your family may face lengthy and expensive Court of Protection proceedings to manage your affairs. Here’s everything you need to know in 2026.

Types of Power of Attorney in England and Wales

Lasting Power of Attorney (LPA) — Property and Financial Affairs

Allows your chosen attorney(s) to make decisions about your bank accounts, property, investments and financial matters — either when you lose capacity or while you still have it (if you choose). Most people start using this type while they still have full capacity for practical reasons (illness, abroad, disability).

Lasting Power of Attorney — Health and Welfare

Covers decisions about your medical treatment, where you live, and day-to-day care. Can ONLY be used when you’ve lost mental capacity. Critically important for specifying your wishes about medical treatment — including whether you consent to life-sustaining treatment.

Costs in 2026

Government registration fee: £82 per LPA (two LPAs = £164). Most people should set up both types. DIY through the OPG website (gov.uk/power-of-attorney): you pay only the registration fee. Using a solicitor: £300-1,000 total (useful for complex situations or ensuring everything is done correctly). Using a reputable POA service (e.g. Farewill, Solicitors for the Elderly network): £150-400.

Who Can Be Your Attorney?

Anyone 18+ who has mental capacity and isn’t bankrupt (for financial LPA). Common choices: spouse/partner, adult children, close friend, professional (solicitor). You can appoint multiple attorneys to act jointly, jointly and severally, or in a cascade structure.

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