Understanding Power of Attorney in the United Kingdom

A Power of Attorney in the United Kingdom gives a person or company the legal authority to act on another’s behalf. This guide explains the available types, the laws that govern them, and the steps needed for creation, registration, and management—providing legal, tax, and compliance professionals with the clarity to handle the process confidently.

What types of Power of Attorney exist and how do they differ?

UK law offers several types of Power of Attorney, each with its own scope, lifespan, and effect. An Ordinary Power of Attorney allows broad authority but ends if the donor loses capacity or dies. A Specific Power of Attorney limits authority to defined actions. An Irrevocable “Security” Power survives death or incapacity when linked to a proprietary interest or obligation.

For ongoing arrangements, a Lasting Power of Attorney (LPA), covering property and financial affairs, or health and welfare, remains valid even after the donor loses capacity. The Office of the Public Guardian must register it before use. Older Enduring Powers of Attorney (EPA) still apply if signed before October 2007 and cover financial matters only. Other options include Trustee-delegation Powers, valid for up to 12 months, and Corporate Powers of Attorney, created under company law.

What laws and regulations apply?

The main statutes include the Powers of Attorney Act 1971, the Mental Capacity Act 2005, and the Powers of Attorney Act 2023, which introduces digital LPA applications and mandatory ID checks. Specialist instruments such as the Trustee Act 1925, the Trustee Delegation Act 1999, and the Companies Act 2006 also govern specific powers.

How should a Power of Attorney be issued?

The donor or company must set out every Power of Attorney in a written deed. Most powers use paper execution with wet-ink signatures, although certain powers allow electronic signatures when they meet deed rules. In the case of LPAs, the donor, attorneys, and a certificate provider sign in the required order before submitting the document to the OPG. For land matters, HM Land Registry accepts only “Mercury” scanned signatures or qualified electronic signatures.

What are the procedural steps to create one?

The process begins with choosing the correct statutory type, then drafting the deed with clear powers and limits. Eligibility checks follow—such as the donor being over 18 and having capacity. Execution must comply with signature and witnessing rules for the relevant type. LPAs and EPAs require registration with the OPG before or upon loss of capacity. Other powers need no state filing, except where land transactions require lodging the deed.

What are the filing and registration timelines?

An LPA becomes valid only after the OPG registers it. The OPG follows a four-week objection period and usually completes registration within 8–10 weeks. Attorneys may use an EPA before the donor loses capacity, but they must register it with the OPG as soon as incapacity is suspected. Corporate and ordinary powers do not require official filing unless they involve land transactions.

How can a Power of Attorney be revoked or terminated?

The donor or board revokes the power by signing a deed of revocation and serving it on the attorney and relevant third parties. To cancel an LPA, the donor sends the revocation to the OPG, which updates the register. An EPA follows similar notice and registration steps. Termination also occurs automatically when the donor dies, becomes bankrupt, or loses capacity—except for irrevocable security powers.

What responsibilities does an attorney hold?

Attorneys must act within their authority, avoid conflicts, protect the donor’s assets, and keep proper records. LPAs require adherence to statutory principles and acting in the donor’s best interests. Corporate attorneys must follow board instructions and comply with company law duties. Breaching these duties can lead to personal liability, removal, or court action.

Can foreign Powers of Attorney be used in the UK?

Yes, as long as they are validly executed under the law of the country where made and properly legalised—through apostille or consular certification. For land matters, certified copies and translations may also be required.

What’s next?

Managing a Power of Attorney requires detailed planning and full legal awareness. For more insights into processes in other jurisdictions, explore our article BOD in UK: Navigating Director Changes with Legal Precision.

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