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How Long Does It Take to Get Power of Attorney?

If you are planning for the future or helping a loved one manage their affairs, you may be wondering how long it takes to get a power of attorney in the UK. The answer depends on the type of power of attorney you are applying for, how quickly the forms are completed, and whether there are any mistakes or delays during the registration process.

For most people in England and Wales, the process usually involves creating and registering a Lasting Power of Attorney (LPA). In straightforward cases, it generally takes around 8 to 10 weeks from the date the application is submitted to the Office of the Public Guardian (OPG). However, delays are common, and the process can sometimes take several months.

Understanding the timeline can help you plan properly and avoid unnecessary stress later.

What Is a Power of Attorney?

A power of attorney is a legal document that allows someone you trust to make decisions on your behalf. The person making the power of attorney is called the “donor”, while the person acting for them is called the “attorney”.

In the UK, there are different types of power of attorney, including:

  • Lasting Power of Attorney (LPA)
  • Ordinary Power of Attorney
  • Enduring Power of Attorney (older system still valid in some cases)

The most commonly used type today is the Lasting Power of Attorney.

Types of Lasting Power of Attorney

There are two types of LPA in England and Wales.

Property and Financial Affairs LPA

This allows your attorney to manage things such as:

  • bank accounts,
  • paying bills,
  • handling investments,
  • buying or selling property,
  • dealing with pensions and benefits.

You can choose for this LPA to be used while you still have mental capacity or only if you lose capacity later.

Health and Welfare LPA

This allows your attorney to make decisions about:

  • medical treatment,
  • care arrangements,
  • daily routine,
  • moving into a care home,
  • life-sustaining treatment decisions.

This type can only be used if you lose mental capacity.

How Long Does It Normally Take?

The timeline for getting a power of attorney depends on several stages.

Preparing the Forms

Completing the forms can take anywhere from a few days to a few weeks, depending on how organised you are.

You will need to:

  • choose your attorney,
  • decide how decisions will be made,
  • arrange signatures,
  • find a certificate provider,
  • review all details carefully.

If you use a solicitor, the process may be quicker and less stressful because they can guide you through the paperwork.

Signing the Documents

The forms must be signed in a strict legal order. The donor signs first, followed by the certificate provider, and then the attorneys.

If the signatures are done incorrectly, the Office of the Public Guardian may reject the application. This can cause major delays because the forms may need to be completed again.

This stage usually takes a few days to a couple of weeks depending on everyone’s availability.

Sending the Application to the OPG

Once the forms are completed and signed, they must be sent to the Office of the Public Guardian for registration.

The OPG handles all LPA registrations in England and Wales.

Waiting Period and Registration

After the application is received, there is a mandatory waiting period. This allows people to raise objections if they believe there is fraud, pressure, or another issue.

The registration process usually takes around:

  • 8 to 10 weeks in standard cases,
  • 12 to 20 weeks during busy periods or if there are problems.

You cannot use the LPA until registration is complete.

Why Does the Process Take So Long?

Many people are surprised that getting a power of attorney is not immediate. There are several reasons for this.

Legal Safeguards

An LPA gives someone significant control over another person’s life, finances, and healthcare decisions. Because of this, there are strict legal protections in place to prevent abuse.

The registration process helps ensure:

  • the donor understands the document,
  • nobody is being forced into signing,
  • the attorney is suitable,
  • the forms are legally valid.

High Number of Applications

The Office of the Public Guardian receives a large number of applications every year. Backlogs can happen, especially during busy periods.

Mistakes in Applications

One of the biggest causes of delay is incorrect paperwork.

Common mistakes include:

  • missing signatures,
  • signing in the wrong order,
  • incorrect names or addresses,
  • incomplete sections,
  • unclear instructions.

Even a small error can result in the application being rejected.

Can You Speed Up the Process?

There is no standard fast-track option for most applications, but there are ways to avoid delays.

Complete the Forms Carefully

Take your time and double-check every section before submission.

Use a Solicitor

A solicitor can help ensure everything is completed correctly. While this increases the cost, it may save you time and reduce the risk of rejection.

Apply Early

Many people wait until a medical condition becomes serious before creating an LPA. This can create problems because the donor must still have mental capacity when signing the document.

It is usually best to arrange a power of attorney well before it becomes urgently needed.

What Happens If Someone Loses Mental Capacity Before the LPA Is Registered?

This situation can become complicated.

If the donor loses mental capacity after signing the forms but before registration is completed, the OPG may still continue processing the application.

However, if the person loses capacity before the forms are properly signed, it may no longer be possible to create an LPA.

In that situation, family members may need to apply to the Court of Protection for a deputyship order instead. This process is usually more expensive, more complicated, and significantly slower than getting an LPA.

How Long Does Deputyship Take Compared to Power of Attorney?

If an LPA is no longer possible, applying for deputyship through the Court of Protection can take much longer.

In many cases, deputyship applications take:

  • 4 to 9 months,
  • sometimes even longer if the case is complicated.

This is one reason why many solicitors encourage people to arrange LPAs early.

How Much Does It Cost to Register a Power of Attorney?

In England and Wales, there is usually a registration fee payable to the Office of the Public Guardian.

At present, the fee is generally:

  • £82 per LPA.

If you create both types of LPA, the total registration fee is normally £164.

You may qualify for:

  • a fee reduction,
  • or complete exemption,

if you are on a low income or receive certain benefits.

If you use a solicitor, there will also be legal fees.

Can You Use a Power of Attorney Immediately?

This depends on the type of document.

Ordinary Power of Attorney

An ordinary power of attorney can usually be used immediately once signed. It does not need registration with the OPG.

However, it becomes invalid if the donor loses mental capacity.

Lasting Power of Attorney

An LPA cannot be used until it has been officially registered.

Even after signing, your attorney must wait until the registration process is complete.

What Delays Should You Watch Out For?

Several issues commonly slow down the process.

Missing Information

Leaving sections blank or incomplete can result in rejection.

Incorrect Witnessing

Witnesses must follow the legal requirements properly.

Signature Errors

Signing in the wrong order is a very common problem.

Objections

Family disputes or concerns about pressure or fraud may lead to objections.

Postal Delays

Since original documents are often sent by post, delays can sometimes occur during delivery.

Should You Make a Power of Attorney Yourself or Use a Solicitor?

You can create an LPA yourself using the government forms. This is often cheaper and works well for straightforward situations.

However, many people choose a solicitor when:

  • there are complex finances,
  • family relationships are difficult,
  • multiple attorneys are involved,
  • property is owned abroad,
  • business interests are involved,
  • they want reassurance everything is correct.

A solicitor can also explain how the LPA works and help avoid future disputes.

What Happens After Registration?

Once registered, the original document will usually be returned with an official stamp or marking confirming registration.

At that point, your attorney can begin acting on your behalf according to the terms of the LPA.

Banks, healthcare providers, and other organisations may ask to see either:

  • the original document,
  • or a certified copy.

Some organisations also carry out their own verification checks, which can add extra time before the attorney is able to fully manage affairs.

Can You Check the Progress of an Application?

Yes. The Office of the Public Guardian provides updates on applications.

If you applied online or through a solicitor, you may be able to track progress more easily.

If there are problems with the forms, the OPG usually contacts the donor or solicitor explaining what needs to be corrected.

Is It Worth Getting a Power of Attorney Early?

For most people, yes.

Many families only realise the importance of an LPA after a medical emergency, accident, or diagnosis such as dementia. By then, it may become difficult or impossible to arrange one quickly.

Having a registered power of attorney in place can give you peace of mind because:

  • your affairs can continue smoothly,
  • trusted people can help you,
  • family disputes may be reduced,
  • expensive court applications may be avoided.

Final Thoughts

Getting a power of attorney in the UK is not usually a quick process. In most cases, a Lasting Power of Attorney takes around 8 to 10 weeks to register, although delays can make the process longer.

The most important thing is not to leave it until the last minute. If you wait until someone’s health declines or mental capacity becomes uncertain, the legal options can become far more complicated.

By planning early, completing the forms carefully, and understanding the process, you can make things much easier for yourself and your family in the future.