Invoking Power of Attorney: What It Really Means

22nd October 2025

When people talk about invoking Power of Attorney, they’re referring to the moment when the legal authority granted in a Power of Attorney document actually comes into effect. In the UK, this depends on the type of Power of Attorney you’ve set up: either Property and Financial Affairs or Health and Welfare.

If you’ve set up a Lasting Power of Attorney (LPA) for Property and Finance, your attorneys can begin using Power of Attorney as soon as it’s registered with the Office of the Public Guardian (OPG), and you’ve given them permission. However, a Health and Welfare LPA can only be used once you’ve lost the mental capacity to make your own medical or care decisions.

Understanding these distinctions ensures your attorneys know when and how they can act on your behalf.

When Can You Use a Lasting Power of Attorney?

You can only use a Lasting Power of Attorney once it’s been officially registered with the OPG. Registration is vital. Without it, your Power of Attorney document isn’t legally valid, and your attorneys won’t be able to act for you.

If you’re still mentally capable, your Property and Financial LPA can be used with your consent. This can be helpful if you’re abroad, in hospital or simply need someone to handle day-to-day tasks like paying bills or managing property.

On the other hand, the Health and Welfare LPA comes into effect only after you’ve lost capacity, ensuring your attorneys make decisions based on your best interests when you’re unable to do so yourself.

How to Start Using Your Power of Attorney Document

Once registered, the first step in using Power of Attorney is to provide certified copies of your LPA to relevant organisations, such as banks, utility companies or healthcare providers. These certified copies confirm that your attorneys are authorised to act on your behalf.

It’s also good practice to discuss your wishes and preferences with your attorneys before invoking the Power of Attorney. This helps ensure that decisions are made in line with your values and expectations.

If you’re unsure whether your LPA has been correctly registered, you can contact the OPG or check your documentation. A registered Power of Attorney will have an official stamp or barcoded certificate page.

Why It’s Important to Keep ‘My Power of Attorney’ Updated

Life changes, and so should your legal documents. If your circumstances or relationships change, you can update your LPA or create a new one. Regularly reviewing my Power of Attorney ensures it continues to reflect your current wishes and the people you trust most.

Applying for your Power of Attorney document using a service like Power of Attorney Online is one of the most important legal protections you can have. It gives you peace of mind knowing that, whatever happens, your affairs will be managed just as you’d want them to be.