What is a Power of Attorney and How Does it Work?
A Power of Attorney (POA) is an essential legal document that allows someone you trust to make decisions and act on your behalf. Whether it’s managing financial matters, dealing with property, or making crucial healthcare decisions, a POA provides peace of mind that your affairs will be handled properly if you’re unable to manage them yourself.
At Wharf Notaries in London, we specialise in preparing and notarising Powers of Attorney tailored to your needs, ensuring everything is legally valid and compliant with UK law.
What is a Power of Attorney?
A Power of Attorney is a legal document that gives another person (known as your “attorney”) the authority to make decisions or take actions on your behalf. It can be used for temporary situations (like if you’re travelling abroad) or for long-term arrangements, such as planning for future incapacity.
In the UK, this document is particularly important for:
– Managing finances and property
– Making health and welfare decisions
– Handling legal and administrative matters
Wharf Notaries can draft, notarise, and guide you through the entire process, ensuring your Power of Attorney is legally sound.
What are the types of Powers of Attorney?
In the UK, there are three main types:
1. Ordinary Power of Attorney
Covers temporary situations when you need someone to act on your behalf (e.g., while abroad).
2. Lasting Power of Attorney (LPA)
For long-term arrangements, either for financial matters or health and welfare decisions, even if you lose mental capacity.
3. Enduring Power of Attorney (EPA)
Older versions created before October 2007. These are no longer made but remain valid if properly signed.
At Wharf Notaries, we’ll help you choose the right type of POA, prepare the necessary documents, and handle the formalities.
How much does it cost to set up a Power of Attorney in the UK?
The cost depends on the type of POA and whether you use professional assistance. While you can complete some forms yourself, mistakes can cause delays or legal issues.
– The Office of the Public Guardian (OPG) charges £82 per document for registering an LPA.
– Professional fees for drafting and notarising vary but provide reassurance that your document is correct.
Wharf Notaries offers clear, competitive pricing and ensures your Power of Attorney is properly drafted, executed, and notarised—saving you time and stress.
Can I withdraw money if I have Power of Attorney?
Yes, if you’re granted a Financial Power of Attorney, you can manage the donor’s bank accounts, pay bills, and withdraw money—but only in their best interests and within the authority granted.
At Wharf Notaries, we ensure the POA clearly outlines what the attorney can and cannot do, avoiding future disputes.
What are the pitfalls of a Power of Attorney?
While a POA is extremely useful, there are potential pitfalls:
– Choosing the wrong attorney who may misuse their authority
– Unclear wording, which can limit effectiveness or cause disputes
– Delays in registration for Lasting Powers of Attorney
– Problems overseas if the POA isn’t properly notarised and legalised
By working with Wharf Notaries, you avoid these risks. We ensure your POA is accurate, properly witnessed, and legally valid in the UK and abroad.
What is the easiest way to do a Power of Attorney?
The easiest way is to get professional assistance. While DIY forms exist, they can be confusing and may lead to rejection or legal complications.
Wharf Notaries offers a smooth, step-by-step process:
1. We explain your options clearly
2. Draft the POA correctly
3. Notarise it in line with UK legal requirements
4. Handle any registration with the OPG if needed
This ensures your POA is valid and ready for use without unnecessary stress.
Who is the best person to be your Power of Attorney?
You should choose someone you trust completely, such as:
– A close family member
– A long-term friend
– A professional adviser
The key is reliability and understanding of your wishes. At Wharf Notaries, we can guide you on how to formally appoint one or multiple attorneys and set safeguards to protect your interests.
Do I need a solicitor or notary to make a Power of Attorney?
While you can draft a POA without a solicitor or notary, it’s highly recommended to seek professional help. A notary public is essential if your POA will be used overseas.
Wharf Notaries ensures:
– The POA meets UK legal requirements
– It’s properly signed and witnessed
– It’s notarised and, if necessary, apostilled for use abroad
This guarantees your POA is accepted without issues.
Who is the best person to do a Power of Attorney?
For accuracy, legality, and peace of mind, the best person to prepare your POA is a qualified notary public.
At Wharf Notaries, we specialise in Powers of Attorney for both UK and international use. Our expertise ensures your document is correct, valid, and ready when you need it.
Power of Attorney for Overseas Use – Apostille & Legalisation
If your Power of Attorney will be used abroad (e.g., to manage overseas property or bank accounts), it must be:
– Notarised by a UK Notary Public
– Legalised with an Apostille from the UK Foreign, Commonwealth & Development Office
– Further legalised at the destination country’s embassy (if required)
Wharf Notaries handles the entire process for you—drafting, notarising, and arranging apostille and embassy legalisation—so your POA is fully recognised overseas.
Common FAQs About Power of Attorneys
Can I make a Power of Attorney online in the UK?
You can fill in the forms online through the UK government website, but it’s highly recommended to have it reviewed by a professional to avoid mistakes. Wharf Notaries can draft, notarise, and register your POA correctly.
How long does a Power of Attorney take to set up?
An Ordinary POA can be prepared and notarised in a single appointment. However, registering a Lasting Power of Attorney with the Office of the Public Guardian usually takes 8–12 weeks.
Does a Power of Attorney expire?
An Ordinary POA ends if you lose mental capacity or revoke it. A Lasting Power of Attorney remains valid even if you lose capacity, unless it’s cancelled.
Can I have more than one attorney?
Yes. You can appoint multiple attorneys and decide if they must act jointly (together) or jointly and severally (individually or together). Wharf Notaries can guide you on the best arrangement.
Can I change or cancel my Power of Attorney?
Yes. As long as you have mental capacity, you can revoke or update your POA at any time. It’s advisable to do this formally through a written Deed of Revocation.
Do I need to register my Power of Attorney?
Ordinary POAs don’t need registration.
Lasting POAs must be registered with the Office of the Public Guardian before use.
Is a notarised Power of Attorney required for overseas use?
Yes. If you need to use your POA abroad, it must be notarised and often legalised with an Apostille. Wharf Notaries can handle this entire process for you.
Ready to create your Power of Attorney?
Contact Wharf Notaries in London today for expert help with Powers of Attorney, notarisation, apostille, and legalisation.