England & Wales
Contents
The information below tells you how to create, register, or object to the registration of and revoke (cancel) a power of attorney. You will also find the answers to some frequently asked questions.
Create a power of attorney
There are different types of powers of attorney (PoA). Which one you choose will depend on what you want to use it for.
The section 'Create a power of attorney' discusses:
- Choosing a power of attorney;
- the Enduring power of attorney;
- the Lasting power of attorney; and,
- the General power of attorney
Register a power of attorney
The general PoA (GPA) is effective as soon as it is signed, but it automatically loses its effectiveness when the person (the 'donor') who made it, becomes mentally incapable of managing their own affairs. It can't be registered and therefore can't be used once the donor has lost mental capacity.
The lasting power of attorney (LPA) must be registered to be effective. The enduring power of attorney (EPA) is effective as soon as it is signed and only needs to be registered when the donor becomes mentally incapable of managing their own affairs, for it to remain effective.
See the section, 'Register a power of attorney' for the steps you need to take when registering an Enduring power of attorney and a Lasting power of attorney.
Before registering an EPA certain people must be notified of your intention to do so, while you only have to notify certain people of your intention to register an LPA if the donor selected such persons. For more information, see the article on how to give Notice of intention to register.
Object to registration
There may be situations where you wish to object to the registration of a PoA.
The steps you will need to take to object will depend on the type of PoA and whether you are the donor, the attorney, a person notified of the intention to register it or a concerned friend or relative.
The section 'Objecting to registration' sets out what you need to do to object to the registration of a Lasting power of attorney and an Enduring power of attorney.
Revoke a power of attorney
When a PoA is revoked it becomes invalid and the authority of the attorney(s) appointed to act on the donor's behalf ends.
If you have created a PoA that you wish to revoke, you will find more information in the article How to revoke a power of attorney.
Power of attorney FAQs
Some of the most frequently asked questions relating to PoAs are set out in a 'Frequently Asked Questions' (FAQs) article. Answers to the following questions may be found there:
1. What is a power of attorney?
2. Do I need a lasting power of attorney?
5. What is the Court of Protection?
6. What is the Public Guardian?
Other jurisdictions
This information is only applicable to PoAs for England & Wales. If you need information on Northern Ireland or Scotland, you can read our article on these topics.