In July 2025, the Office of the Public Guardian, the government body that processes Power of Attorney (POA) applications in England & Wales, reported over 1.36 million applications in the past year. The year before that, there were another 1.37 million applications.
That’s a total of 2,737,599 applications in just two years. People are becoming more aware of the importance of POAs and the reassurance they provide. So what exactly are they?
A Power of Attorney is a legal document that allows you to appoint partners, family members, or friends to make decisions on your behalf if you are no longer able to do so. These individuals are known as your attorneys. A POA is very different from a will. A POA is only valid whilst you are alive. Once you pass away, your estate is handled by the executors appointed in your will.
The type of POA you need depends on where you live in the United Kingdom. In England and Wales, there are two forms covering different areas: the Lasting Power of Attorney for Health & Welfare and the Lasting Power of Attorney for Property & Financial Affairs. In Northern Ireland, the Enduring Power of Attorney deals solely with property and financial matters. In Scotland, a Continuing Power of Attorney allows you to draft a single combined document covering health, welfare, property, and financial matters.
Some people believe a POA is only useful later in life. In reality, as long as you are over 18 and have mental capacity, it is sensible to put one in place. These documents can only be created whilst you have mental capacity.
A POA covers a wide range of decisions, from day-to-day matters to significant one-off choices. This might include using your bank account to pay bills or deciding whether to consent to life-sustaining treatment. Without a POA in place, decisions may be made by a relevant institution or government body without input from those closest to you. Personal preferences might not be fully reflected, as decision-makers do not know you in the same way a spouse, partner, or friend would.
This is particularly important for those who are not married or in a civil partnership but are in a long-term relationship. You may want your partner to have a say in your care or financial affairs.
Some people refer to a long-term partner as a ‘common law partner’. This is not a legally recognised status in the same way as marriage or civil partnership and does not provide automatic rights. Even if your partner understands your wishes, they would not have legal authority to act without a power of attorney.
Similarly, even those who are married or in a civil partnership do not automatically have the right to make decisions on your behalf if you lose capacity. Decisions can only be made by someone appointed as your attorney in a valid POA or by someone granted authority through the courts. A spouse’s views might be considered, though there is no legal right to make decisions without formal authority.
Drafting wills and POAs can feel daunting. You are being asked to consider future scenarios where you may no longer be able to make decisions yourself. For this reason, it often makes sense to prepare both documents at the same time, as decisions in one frequently influence the other.
Burial or cremation wishes are a common example. When thinking through health decisions in a POA, you may also consider what should happen after your death. A POA only operates whilst you are alive, so these wishes are better included in your will.
There is also reassurance in knowing these documents are complete. Wills and powers of attorney do not expire. Once a POA is valid, it remains in place until you revoke it or pass away. A will takes effect on death and remains valid unless revoked. Once prepared, they simply need reviewing from time to time to ensure they still reflect your wishes.
It is also worth considering how your estate will be distributed. You may wish to leave specific items, such as jewellery or artwork, to certain individuals. Granting your attorneys permission to view your will can be helpful. If assets need to be sold to raise funds, attorneys can treat specific gifts as a last resort, helping to preserve your intended legacies wherever possible.
Wills and powers of attorney can be drafted at any stage of adulthood, provided you have mental capacity. The decisions within them are closely connected, and preparing one often prompts important considerations for the other. Early preparation can save time, cost, and stress for your family during an already difficult period. Once in place, the focus shifts from drafting to occasional review.
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