Article: published on 20 April 2026

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A power of attorney (POA) is a legal arrangement that allows someone to make decisions on your behalf if you are unable to do so yourself. It is often used in situations where a person is in hospital, abroad, or has lost the ability to make decisions due to illness or injury.

Expert Laura Pomfret joined BBC Morning Live to discuss the process, which is designed to ensure a person's wishes are respected if their mental capacity changes in the future.

A POA gives a trusted individual, known as an "attorney", the authority to act on behalf of another person, known as the "donor" in England, Wales and Northern Ireland, or the "granter" in Scotland.

The type of power of attorney you can make depends on where you live in the UK, but each nation has a system that allows someone you choose to continue making certain decisions for you if you lose mental capacity.

Without this in place, decisions may be made by professionals such as doctors or social workers based on what they consider to be the person's "best interests", which may not always reflect their preferences.

While the overall concept is similar, the rules differ across the UK.

In England and Wales, there are two types of LPA:

Health and welfare, covering care and medical decisions, which only takes effect if capacity is lost

Property and financial affairs, covering money and assets, which can be used as soon as it is registered.

In Scotland, the system includes:

Continuing power of attorney (CPA), for financial matters, which can start immediately or after capacity is lost

Welfare power of attorney (WPA), for health and personal decisions, which only applies after capacity is lost

In Northern Ireland:

A standard power of attorney covers financial matters but ends if capacity is lost

An Enduring Power of Attorney (EPA) continues after loss of capacity

Anyone over a certain age, with mental capacity can create a power of attorney. In England, Wales and Northern Ireland, this means adults aged 18 or over, while in Scotland the minimum age is 16.

"You don't have to be elderly or unwell," says Laura. "The key is that you understand what you're signing and are not under pressure."

Costs in England and Wales start at £92 per LPA, with reductions available for some people. Many choose to set one up alongside writing or updating a will.

If someone loses mental capacity without an LPA in place, their family cannot automatically step in to manage their affairs.

Instead, relatives must apply to the Court of Protection to become a "deputy", a process that can involve significant costs. In the meantime, this can mean delays before someone has the legal authority needed to deal with certain finances or other decisions.

There is also no guarantee the court will appoint the person the individual would have chosen.

Some people worry about the risk of giving someone control over their finances or care decisions. Experts say safeguards can reduce that risk.

These include choosing a trustworthy attorney, setting clear limits on what they can do, and appointing more than one person to act jointly on major decisions. Legal advice can also help ensure documents are properly completed and reflect the donor's wishes.

"It's important to remember you don't lose control," says Laura. "You decide how and when the power can be used."

Misuse of a power of attorney can happen. Warning signs include unexplained withdrawals, secrecy around finances, unpaid bills despite available funds, or money being mixed with the attorney's personal accounts.

A power of attorney can only be set up while someone still has mental capacity. Once that capacity is lost, the option is no longer available.

For many families, putting one in place early can provide reassurance that decisions will be made by someone they trust, in line with their wishes.

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