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Find out moreMost over-40s haven’t set up power of attorney: here’s why it matters
New research shows many delay power of attorney for the wrong reasons
Over three quarters of adults aged over 40 are yet to arrange power of attorney, according to new research from financial services provider Canada Life.
Power of attorney gives someone the right to make decisions on your behalf with regards to your health and finances. It’s especially useful if you become unable to make decisions yourself – for example, due to illness.
Here, Which? explains why it’s important to be proactive about arranging power of attorney and how to set it up.
Why it pays to plan ahead
If you want to appoint someone to help manage your financial or medical affairs, it’s crucial that you start planning early.
But research from Canada Life reveals widespread misconceptions about when to do it – and why many people put it off.
Of the 78% of over-40s who haven’t yet arranged power of attorney, nearly a third (32%) said it’s because they still have full mental capacity.
Another 30% admitted they’d simply never thought about it, while 20% said they’re not in ill health.
A further 16% cited procrastination, and 12% said it was too expensive or that they couldn’t afford a solicitor.
In fact, you can only set up power of attorney while you still have the ability to weigh up information and make decisions for yourself – this is known as mental capacity.
The most common type is a lasting power of attorney (LPA) – a legal document in England and Wales that lets someone you trust make decisions on your behalf, either about your finances, your health and care, or both. An LPA remains valid if you lose the ability to make decisions, but only once it’s been registered with the Office of the Public Guardian.
The types of power of attorney vary depending on where you live:
- In England and Wales, there are two types of LPA – one for property and financial affairs, and one for health and welfare.
- In Scotland, powers are split into continuing (for finances), welfare (for health), or combined.
- In Northern Ireland, an enduring power of attorney (EPA) covers both health and financial matters.
Don’t leave it until it’s too late
John Chew, technical specialist at Canada Life, recommends arranging a power of attorney as soon as possible: 'It is worrying that very few people have appointed a power of attorney, and it is furthermore problematic that many believe that having full mental capacity is a good excuse to put this off.
'In reality, if you get to a stage where you are incapacitated then it will be too late. This is why it is essential to start the process when you are in good health and can make your own decisions.'
What happens if you don’t have power of attorney?
One in 10 people wrongly believe that their partner or spouse will automatically be given power of attorney if they become incapacitated, according to Canada Life’s research. However, that’s not the case.
In England and Wales, if you lose mental capacity without a power of attorney in place, a relative must apply to the Court of Protection to be appointed as your deputy.
If no suitable relative is available, the court may appoint a professional, such as a solicitor or accountant, to act on your behalf.
In Scotland, a family member or close friend may apply to be an intervener or guardian via the sheriff court.
In Northern Ireland, the Office of Care and Protection may appoint a relative or close friend to act as a controller.
- Find out more: Court of Protection
How to choose an attorney
Your attorney will have the right to make important decisions on your behalf, so it’s vital to choose someone you trust to act in your best interests.
You can appoint more than one attorney, which can be helpful if one is unable to act in the future.
If you choose multiple attorneys, you'll need to decide whether they must act jointly (making decisions together) or jointly and severally (able to act independently).
It’s worth noting that appointing attorneys jointly can limit access to services such as online or mobile banking and debit cards.
A Which? investigation also found evidence of confusion among bank staff around how joint and several attorneys are allowed to act on behalf of the donor
- Find out more: power of attorney problems revealed
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How to set up a power of attorney
The process for setting up a power of attorney varies across the UK – and it's important to follow the correct steps.
In England and Wales, you can apply online or by post using forms from the Office of the Public Guardian. You'll need form LP1F for financial decisions and LP1H for health and care decisions. It costs £82 per LPA, rising to £92 from mid-November 2025. You can apply yourself or use a solicitor.
In Scotland, you must submit a signed power of attorney to the Office of the Public Guardian. The fee is £96. Templates aren’t provided, so you’ll need to draft your own or get one from a solicitor.
In Northern Ireland, you’ll need to complete an enduring power of attorney form from the Law Society of Northern Ireland and submit it to the Office of Care and Protection. The fee is £180.
- Find out more: how to set up power of attorney
