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Filling in the Power of Attorney form

Here are some useful hints and tips for where to get a Power of Attorney form and how to fill it in.
3 min read
In this article
Where can I get a Power of Attorney form? Completing the online form in England and Wales Completing the form in Scotland

Where can I get a Power of Attorney form?

Setting up a Lasting Power of Attorney is straightforward. You can do it through:

Which? Wills
Prepare for your future with a Power of Attorney from Which? Use our quick questionnaire to find out which type is best for you.

If you choose to use a solicitor or will writer, always ask for written confirmation of their fees beforehand.

When setting things up, you can stipulate which ‘powers’ you want to give; for example, you might only want your attorney to deal with your bills, but not to have the power to sell your property, or you may only want the attorney to deal with your affairs once you start to lose capacity. 

Once the LPA is drawn up and signed, it will still need to be registered at the Office of the Public Guardian. It could take up to eight weeks for this to happen, so it’s best to try to get the form in before it’s needed.

If you are aware that the person you care for lacks mental capacity, so is unable to fill in their own Power of Attorney form, read our advice on Power of Attorney in England and Wales, Scotland or Northern Ireland.

Completing the online form in England and Wales

1

Go to the Office of the Public Guardian (OPG) online service page where you will be guided through the questions and process. If you make any mistakes, these are highlighted, reducing the risk of making an expensive error. The end result will be an LPA that you can save and print before signing it and sending to the OPG.

 

The form is saved as you work through it so you don't need to complete it in one go.

2

You will need to gather together the following information:

Checklist (ticks)
  • your name, address and date of birth
  • names, addresses and dates of birth or all attorneys and any replacement attorneys, who are people you choose to step in to the role of attorney if one of your original attorneys can no longer make decisions on your behalf

  • name and address of a certificate provider, who is an impartial person who will confirm that you understand the LPA and you've not being forced to make it

  • names and addresses of up to five people who will be told when you or your attorneys apply to register your LPA.

More information about each of these groups of people can be found on the OPG Power of Attorney page.

3
  • Return the completed form to the Office of the Public Guardian to register the LPA together with the fee of £82 (however, if your income is below £12,000 or you are in receipt of certain benefits, you may qualify for a lower fee). The fee for re-submission is £41.
  • You can pay the fee by card online or send a cheque with the LPA to the OPG.

 

Completing the form in Scotland

 

The Scottish Office of the Public Guardian page for Power of Attorney explains what you need to do to fill in a PoA document. The Scottish OPG is purely a registration service, which they aim to process within 30 working days of receiving the document.

Electronic submissions will be done more quickly than those sent by post. To read about electronic submissions, see this page.

In Scotland, only a prescribed person can confirm that you are capable and able to grant the PoA. As part of the PoA process, a solicitor registered to practise law in Scotland or a registered UK medical doctor who holds a licence to practise must carry out an interview with you and confirm that you understand the nature and impact of making a PoA. The prescribed person will then complete and sign a certificate of capacity and this certificate will form part of the PoA document.

Further reading

Power of Attorney

What is a Power of Attorney and why should you set one up? We also explain about Lasting Power of Attorney.

Last updated: 03 Oct 2018