Why power of attorney matters
You never know what’s around the corner. We tend to assume that close relatives will automatically be allowed to make decisions on our behalf if something happens to us, but this isn’t true. Without power of attorney, it is not certain who can take decisions on your behalf. With power of attorney in place, you can be confident that you have taken the necessary steps to make everything as clear-cut as possible.
Yet, most people in the UK know nothing or very little about power of attorney. We want to change that.
That’s why we’re launching Power of Attorney Day - taking place on Wednesday 22 April 2026.
"We don't know what tomorrow holds. Anything could happen. I could get in my car tomorrow and have an accident, and nobody's got a say over what happens to me.
"Power of attorney is actually something very important."
Get involved
Power of Attorney Day is taking place on Wednesday 22 April 2026.
We’ll be sharing more information and guidance in the coming months.
Whether you’re an organisation or an individual, we’d love to tell you more and have you involved. Share your details with us and we’ll be in touch!
FAQs on power of attorney
A power of attorney is a legal document that lets you appoint someone to make legal decisions or take actions on your behalf should a time come when you are unable to.
There are several different types.
Any adult (18+) with the mental capacity to understand what they are signing can make a power of attorney.
You do not need to be unwell or elderly – just able to make your own decisions at the time of signing.
No. Thinking about power of attorney should be part of sensible life planning. It’s for all adults wanting someone they trust to make decisions on their behalf if they become ill, injured, or unable to manage things (on a temporary basis or in the long term).
Power of attorney isn’t about age; it’s about preparation and control.
There are different types of power of attorney in England and Wales, Scotland, and Northern Ireland.
In summary:
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England and Wales have lasting power of attorney (LPA). There are two different types: Property and Financial Affairs LPA and Health and Welfare LPA.
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Scotland has Continuing Power of Attorney for property and finances and Welfare Power of Attorney for health and personal welfare. These are often combined into one document and referred to as Power of Attorney (POA).
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Northern Ireland has enduring power of attorney (EPA). This only covers property and financial affairs.
In England and Wales:
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£92 per lasting power of attorney (LPA) to register with the Office of the Public Guardian (so £184 if you create both a health & welfare and a financial LPA).
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Some people qualify for fee reductions or exemptions based on income or benefits.
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Some people use a solicitor to help prepare the forms.Fees will vary depending on complexity.
In Scotland:
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£96 per document (for continuing and/or welfare powers of attorney).
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However, if you register both together, the total registration amount is still £96
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Some people on a low income can get discounts or a fee exemption. Visit: Fee exemption.
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Solicitor fees can vary widely.
In Northern Ireland:
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£180 is the standard fee to register an EPA with the Office of Care and Protection.
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Some people qualify for fee reductions or exemptions based on income or benefits.
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Some people use a solicitor to help prepare the forms and fees will vary.
It is only too late if the person no longer has mental capacity to understand what they are signing.
If capacity is lost, family members cannot create a power of attorney on their behalf. Instead, they must apply to the Court of Protection (in England & Wales) or the equivalent body in Scotland or Northern Ireland for a deputyship/guardianship/controllership order, which is more expensive, slower, and more restrictive.
If the person still has the ability to make their own decisions, even if they’re unwell or elderly, it is not too late.
In short, no. In the UK, 'next of kin' has no automatic legal rights to make decisions for you. This is one of the biggest misunderstandings around.
Here’s what that actually means in the different nations:
England and Wales
Financial decisions:
Your next of kin cannot access your bank accounts, pay bills, manage property, or deal with pensions without a registered LPA. Banks will not recognise 'next of kin' as authority.
If you lose capacity and have no LPA, your family must apply to the Court of Protection for a deputyship – a long and costly process.
Health and welfare decisions:
Being next of kin does not give legal decision-making power. Doctors and social services make decisions based on 'best interests.' They will consult family members, but family cannot legally override decisions.
Only a Health and Welfare LPA gives someone the clear right to decide about:
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medical treatment
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life-sustaining treatment (if authorised)
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where you live
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daily care
Scotland
Same principle:
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Next of kin cannot make financial decisions without a Continuing POA.
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Next of kin cannot make welfare decisions without a Welfare POA.
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Professionals will consult family members, but no one has automatic authority.
If there’s no POA, relatives must go to the Sheriff Court for a guardianship order.
Northern Ireland
The law is strict:
Your next of kin have no legal authority over finances unless there is an EPA.
If there’s no LPA and finances need managing, family must apply for controllership through the Office of Care and Protection.
We’ll be signposting and supplying more guidance as part of the campaign. If you want to get going now:
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If you’re in England or Wales click the link here
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If you’re in Scotland click the link here
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If you’re in Northern Ireland click the link here
Yes. Whilst power of attorney has a different name in England and Wales (Lasting Power of Attorney), Scotland (Power of Attorney) and Northern Ireland (Enduring Power of Attorney) the principle is the same.
No. Carers UK is running this campaign because we know that unpaid carers are often already stretched to the limit. Not having a power of attorney in place – either for those they care for or themselves – because they don’t know about it, or don’t know how or why to get one, should not be an extra burden. However, the campaign and Power of Attorney Day is for everyone, and we’ll be running it accordingly!