Power of Attorney: What Forms Do I Need?

At some point in our lives, we may be in a situation where we need a trusted person to make decisions for us regarding our finances or our care. This could be due to illness or an accident, but for most of us it will be advancing age or diagnosis of Dementia or Alzheimers. Power of Attorney documents allow you to appoint one or more trusted persons to look after your affairs in the event that you can’t make decisions by yourself anymore.

Read our guide on finding the correct Power of Attorney documents and how to make sure you fill them out properly.

30 Second Summary

    • You can view, download and print the Power of Attorney forms from the Public Guardian website, along with a free how-to guide
    • If you have a fairly straightforward situation, you may choose to fill out the forms and register Power of Attorney by yourself. However, some people choose to use a solicitor. 
    • As you can set specific parameters and restrictions in your L.P.A., think carefully about what things you would like your Attorney(s) to handle and what things you would prefer them not to.
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What Forms Do I Need?

There are two main types of Power of Attorney, so you need to make sure that you fill out the correct form.

Even if you are going to have both types of Power of Attorney, you do not have to appoint the same person(s) as your Attorney. In which case, make sure to appoint the correct Attorney(s) corresponding to the L.P.A. you want them named in. 

  • Lasting Power of Attorney for Property and Financial Affairs. This gives your Attorney(s) power to handle all matters relating to your finances and any property you might own. This could include managing your bank accounts, buying or selling property, receiving any income for you, paying care home fees, etc.
  • Lasting Power of Attorney for Health and Welfare. This allows your Attorney(s) to handle all aspects of your healthcare, treatment and general day-to-day care. It could relate to decisions on where you live, who you live with, what kind of healthcare you receive, what activities you engage in, and so on. 

There are other types of Power of Attorney too.  

  • General Power of Attorney. This gives an Attorney power within the terms set out in the document. It could be for certain duties or a specific task that the Donor needs their Attorney to undertake on their behalf. For example, handling business or financial affairs when the Donor is abroad or otherwise indisposed. The document ceases to be operational if the Donor loses mental capacity.
  • Enduring Power of Attorney. This was replaced by the Financial and Property LPA and Health and Welfare LPA in 2007. However any E.P.A. made before 2007 can still be used and operated. The E.P.A. follows a different protocol and can only be used in relation to Property and Financial Affairs. 

It is very important to get this right – an Attorney can only act for you in relation to the duties set out for them in the L.P.A. This means that an Attorney appointed to handle your financial affairs cannot handle any matters relating to your health or general welfare. They must either be named in both Lasting Powers documents, or different individuals must be appointed to handle these different areas.

Where Do I Get These Forms From?

If you are planning on filling out and registering the forms yourself, or even if you just want to see what they look like, you need to make sure you get them from the correct place. 


A quick Google search will pull up Power of Attorney forms from many different websites, even different countries. It is very important to only access the Lasting Power of Attorney Documents from the Public Guardian website. If you are using a solicitor, they will supply the documents for you. 

The Public Guardian also provides a comprehensive guide to the L.P.A. that you can download. While the forms themselves are quite straightforward, there are a lot of strict formalities you need to follow to ensure they are filled out correctly and that you will have no problem registering the forms when the time comes. 

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Can I Do It Myself?

can i do it myself?

Yes, it is possible to fill out the forms and register Power of Attorney yourself without assistance from a solicitor. Although there are quite a few formalities you will need to abide by, the actual filling out of the forms will be quite straightforward for most people. However, it is also the case for some that they will need assistance from a solicitor. Here are some things to consider when deciding whether or not to do this yourself. 

  • The importance of these legally binding forms. Just because the formalities are relatively simple does not diminish the great responsibility and power an individual is handing over when they create Power of Attorney. You are essentially entrusting someone with making decisions related to the most important things in your life – your money, your health, your care, and so on. There are many things to think about when it comes to organising and managing your life and finances.

 If you lose capacity to make those decisions independently, your Attorney(s) will have to do so to the best of their abilities, but also within the parameters set out for them in the L.P.A. A solicitor who specialises in this area can advise you throughout the process and alert you to potential omissions or pitfalls in your L.P.A. that could make it difficult or even unworkable for your Attorney(s).

  • Verifying mental capacity. A person who has been diagnosed with Dementia or Alzheimers may wish to create an L.P.A. whilst they still retain capacity to do so. Even someone who is struggling with one of these conditions in some aspects of their daily life can still legally make an L.P.A. However, they may need to be assessed by a solicitor to ensure they are fit to do so. 

A solicitor will ask them a few questions designed to ascertain their level of understanding, that they know what an L.P.A. is and the impact creating one will have. They will then make a professional judgment as to whether this person has mental capacity. If they are still unsure, they will recommend that a doctor’s opinion is also sought out. 

  • Complicated situations or instructions. A person might have a complex situation or set of circumstances that might make creating Power of Attorney a bit more difficult. For example, a person might want to set very specific restrictions or parameters within their L.P.A. in terms of what their Attorney(s) can or can’t do. It is very important that this is done in such a way that the L.P.A. is still workable and the Attorney(s) can function in their duties. In some cases, individuals have set strict or conflicting instructions that have left the L.P.A. completely unworkable. 

The oversight and legal advice from a solicitor will ensure that any potential difficulties can be addressed before the document is registered, thus reducing the chance of any future issues. 

  • Potential family conflict. There can often be family disagreements or disputes over Power of Attorney. One family member may be disgruntled that they are not appointed as an Attorney, and therefore do not have a say over the Donor’s affairs. They may disagree with the way the Attorney(s) are acting. A common issue is that a family member feels that the Donor was pressured or bullied into creating Power of Attorney, or that they were not mentally fit to do it at the time of creation.

 Using a solicitor to create Power of Attorney for you can help to defend any such claims. A solicitor will keep detailed notes relating to all meetings with the Donor, as well as information relating to their mental capacity. This can hold more sway, coming from a solicitor who has a professional reputation to uphold.

Need Help?

Power of Attorney Terms Explained

Looking at Power of Attorney forms for the first time can be daunting. There are probably a lot of terms you might not understand, and it can be hard to keep track of it all. Our table lays out simple explanations for some common Power of Attorney terms you might have come across.

power of attorney terms table

What To Do Next

  • Download and read the Power of Attorney forms. Whether or not you choose to instruct a solicitor, it is beneficial to read through and familiarise yourself with the forms. Make notes of any terms or requirements you don’t understand.

 

  • Find a Solicitor. If you choose to use a solicitor, at this point you are going to want to find one who can help you get started. 

 

  • Decide what Powers you want to give your Attorney(s). This may take a little time to think over. For example, you may be happy to have your Attorney(s) handle your finances without many restrictions, but have more considerations as to which healthcare you want, where you want to live and so forth. Think carefully about what is important to you, the abilities of your Attorney(s) to make decisions on your behalf, and how to express these in your L.P.A. in a clear and understandable way. 

 

  • Find a Certificate Provider. This is a person who either you know personally or who is a professional who will sign your L.P.A. attesting to your mental capacity and that you have created the L.P.A. without undue influence or pressure. 

 

  • Decide on who will be your Attorney(s). In many cases, people will appoint a spouse, an adult child or a close friend. Your L.P.A. may not be registered for a long time, so ensure that your choice will still work into the future. Make sure that the person(s) you choose have the necessary skills and time to undertake this role. Make sure that they fit the legal requirements. Consider as well choosing replacement Attorney(s), in the event that those appointed cannot for whatever reason be your Attorney. 

 

  • Select the Named Person(s) who you would like to be notified when the L.P.A. is sent to the Public Guardian to be registered. These are usually family members who play an important role in your life. This allows them to be informed of the registration and contest it if there is a problem. 

 

  • Gather all the personal details you need. You will need the personal details for the Certificate Providers, Attorneys and Named Persons, which is to be included in the L.P.A. forms. Save time by collecting together all the information before you start filling out the form.

Need Help?

Sources

Power of Attorney Forms: https://www.gov.uk/government/publications/make-a-lasting-power-of-attorney

Giving someone Power of Attorney: https://www.nhs.uk/conditions/social-care-and-support-guide/making-decisions-for-someone-else/giving-someone-power-of-attorney/

Checking mental capacity: https://www.gov.uk/make-decisions-for-someone/assessing-mental-capacity