Power of Attorney in the UK 2025: Complete Legal Guide

Power of Attorney is a legal arrangement that lets someone you trust — called an “attorney” — make decisions on your behalf if you lose the ability to make them yourself. In the UK, this is most commonly done through a legal instrument known as a Lasting Power of Attorney (LPA). LPAs cover two main areas: managing financial and property matters, and handling health and welfare decisions. Choosing to establish an LPA is a responsible and often essential step — not just for older people, but for anyone who wants to ensure their affairs are handled properly if they become incapacitated or unavailable.

For individuals with cross-border lives — for example, UK residents with assets or interests in Dubai, Singapore, Bangladesh or elsewhere — a properly drafted and registered LPA becomes even more critical.

Types of Power of Attorney in the UK

1. Lasting Power of Attorney (LPA)

• Property and Financial Affairs LPA: Allows the attorney to manage bank accounts, investments, pay bills, sell or buy property, and handle other financial commitments.
• Health and Welfare LPA: Allows decisions about medical treatment, care arrangements, living accommodations, and other personal welfare issues.

An LPA must be made while the donor (the person granting the power) still has mental capacity. Once it is properly set up and registered, it remains valid until the donor’s death or until they revoke it (as long as they remain capable).

2. Enduring Power of Attorney (EPA)

Before LPAs were introduced, EPAs were used; they covered financial matters and had to be registered when the donor lost mental capacity. For many people, existing EPAs may still be valid; they should be reviewed carefully and, in some cases, replaced with LPAs.

Why Power of Attorney Matters

• Avoids Court intervention: Without a valid Lasting Power of Attorney (LPA), loved ones may need to apply to the court (via the Court of Protection) to become a deputy — a more time-consuming, costly and uncertain process.
• Prepares for unexpected events: Illness, accidents, mental incapacity or long‑term absence from the UK can all hinder your ability to make decisions; an LPA ensures continuity.
• Simplifies cross-border affairs: If you have assets, property or family abroad — for example in Dubai, Bangladesh or Singapore — a UK LPA gives lawful authority to a trusted person to act on your behalf in the UK portion of your affairs.
• Ensures your wishes are respected: You can include instructions and preferences in the LPA — such as whether you want life-sustaining treatment, or how you want finances handled — giving you control even if you cannot speak for yourself.

How to Set Up an LPA in the UK

Creating a valid Lasting Power of Attorney (LPA) involves several steps. Here is a typical path:

1. Choose the type(s) of LPA you need

You can set up one or both types — property/financial and health/welfare — depending on your requirements and wishes.

2. Complete the official forms

You can fill in the Lasting Power of Attorney (LPA) form online via the official UK service, or use a paper version. If you do it online, you will need to print the completed form for signing.

A “certificate provider” must also sign — a person who confirms that you understand the LPA and are not under pressure to sign. This can be a solicitor, doctor or someone who has known you well for at least two years.

3. Decide who you want as your attorney(s)

You can select one or more trusted individuals — family, friends or a professional such as a solicitor. You may also set some restrictions or conditions (for example: “only act jointly,” or “only after a particular date or event”). It’s essential to choose someone reliable who will act in your best interests.

4. (Optional) List “people to notify”

These are people (e.g. family, friends) you list for the purpose of alerting them when you register the LPA. They have the right to object if they have concerns.

5. Sign the form and submit for registration

Once signed and properly completed, you must register the Lasting Power of Attorney (LPA) with the Office of the Public Guardian (OPG). An LPA has no legal force until formally registered.

6. Pay the registration fee

As of late 2025, the fee is £92 per LPA. If you register both property/financial and health/welfare LPAs, it costs £184 in total. People on low income or receiving qualifying benefits may get a reduced fee or full exemption.

7. Wait for official confirmation

It typically takes 8–10 weeks to register an LPA (if the application is complete and there are no objections). Only after OPG’s approval can the attorney begin acting.

Common Mistakes and Risks — Why Professional Guidance Helps

Many LPAs are rejected or delayed due to errors. Common pitfalls include:

• Incorrect or unclear form completion
• Missing or incorrect signature(s)
• Certificate provider errors or ineligible signatory
• Failing to notify listed persons properly
• Sending the form without applicable remissions or exemptions

A mistake might force you to resubmit, pay extra fees, or — worse — end with a document that will not be accepted when you need it. For individuals with international ties, or complicated assets and obligations, the consequences of a flawed Lasting Power of Attorney (LPA) can be much greater.

Because of these complexities, having a trusted, experienced legal team ensures your LPA is crafted properly, your wishes are clearly recorded, and your cross-border obligations are addressed carefully.

Key Responsibilities of an Attorney Under a UK Power of Attorney

When someone is appointed as an attorney in the UK, they take on significant legal responsibilities. These duties are defined under the Mental Capacity Act 2005 and are meant to protect the donor’s best interests at all times.

1. Acting in the donor’s best interests

The attorney must prioritize the donor’s welfare, financial stability and personal preferences. This includes evaluating all available options before making a decision, consulting medical professionals if required and respecting the donor’s long-standing values and lifestyle choices.

2. Keeping accurate financial records

For Property and Financial Affairs LPAs, attorneys must maintain clean, transparent records. This may include receipts, invoices, bank statements, investment documentation and proof of major decisions such as property sales. Poor record-keeping can lead to legal complications and scrutiny from the Office of the Public Guardian.

3. Making decisions with minimal restriction

The attorney must support the donor’s independence as much as possible. Even if the donor has reduced mental capacity, the attorney should involve them in decisions whenever feasible. The goal is to strike the right balance between assistance and autonomy.

4. Avoiding conflict of interest

Personal and financial interests must never influence an attorney’s decisions. If an attorney stands to benefit from a decision, such as selling the donor’s property or transferring funds, legal guidance is essential to avoid breaches of fiduciary duty. Dewey & LeBoeuf LLP regularly advises attorneys on how to navigate these sensitive scenarios safely and lawfully.

How Power of Attorney Works for UK Residents With International Assets

In today’s global world, many individuals have property, businesses and financial commitments across multiple countries such as Dubai, Abu Dhabi, Singapore or Bangladesh. Understanding how a UK Lasting Power of Attorney (LPA) interacts with foreign jurisdictions is crucial for complete protection.

1. An LPA applies primarily within the UK

A UK Lasting Power of Attorney (LPA) gives legal authority to manage UK-based matters. However, most countries do not automatically recognize an LPA created in the UK. This means a separate Power of Attorney may be required in jurisdictions such as the UAE or Singapore.

2. Tailored cross-border planning

International clients often face complications involving property purchases, offshore bank accounts, business operations or tax responsibilities. Dewey & LeBoeuf LLP provides integrated cross-border planning ensuring your UK Lasting Power of Attorney (LPA) works seamlessly with local legal frameworks abroad, avoiding costly legal gaps.

3. Multi-jurisdictional estate planning

If your beneficiary structure, trusts or inheritance planning involves multiple countries, your LPA must be coordinated with wills, trusts and succession laws in each jurisdiction. Our global team ensures full compliance and reduces any risk of conflict between documents.

4. Avoiding foreign probate delays

A clear and well-coordinated Lasting Power of Attorney (LPA) reduces delays in managing overseas assets if you lose capacity. Families with property in cities like Dubai, Sharjah, or international financial hubs benefit greatly from professionally drafted LPAs.

Why Dewey & LeBoeuf LLP Is Your Ideal Partner

If you have ties across multiple jurisdictions — for example, the UK, Dubai, Singapore, or Bangladesh — our global presence gives us a unique advantage.

• We understand both UK law and the complexities of international property, immigration, assets, business interests, and multi-jurisdictional estate planning.
• Our solicitors can act as a “certificate provider” if needed, ensuring your LPA passes scrutiny.
• We help draft tailored instructions and conditions, avoiding generic template pitfalls.
• We assist with registration, following up with OPG, and resolving any objections or queries.
• We advise on how your LPA plays with other cross-border tools such as Wills, trusts, or estate planning in different countries, to protect you and your loved ones.

Entrusting your Lasting Power of Attorney (LPA) to Dewey & LeBoeuf LLP means peace of mind — you know your legal affairs are in expert hands, even if you’re overseas, traveling, or living in multiple countries.

When Should You Consider Setting Up a Power of Attorney

• If you have property, bank accounts or business interests in the UK but spend time overseas (e.g. Dubai, Singapore, Bangladesh)
• If you travel frequently, fall ill, or may be away from the UK for extended periods
• If you are ageing, or want to protect yourself against unexpected incapacity
• If you want to make sure your loved ones can manage your affairs smoothly without costly court applications
• If you plan to create or update a will, estate plan or cross-border asset plan — LPA is often a key part of that process

FAQ (Frequently Asked Questions)

How to Get Started with Dewey & LeBoeuf LLP

If you are ready to protect yourself and your family’s future, contact Dewey & LeBoeuf LLP today. Our experienced solicitors will: help you assess what type of Lasting Power of Attorney (LPA) you need; draft the document with clarity; act as certificate‑provider if needed; prepare and submit all paperwork to the Office of the Public Guardian; and ensure your LPA is registered properly.

Let us guide you through every step — whether you live in the UK, Dubai, Singapore, Bangladesh or split your life across multiple countries. Reach out now for a consultation and safeguard your peace of mind for tomorrow.