Editing Power of attorney (section)

===England and Wales===
{{Infobox UK legislation
| short_title           = Powers of Attorney Act 1971
| type                  = Act
| parliament            = Parliament of the United Kingdom
| long_title            = An Act to make new provision in relation to powers of attorney and the delegation by trustees of their trusts, powers and discretions.
| year                  = 1971
| citation              = [[List of acts of the Parliament of the United Kingdom from 1971|1971]] c. 27
| introduced_commons    = 
| introduced_lords      = 
| territorial_extent    = 
| royal_assent          = 12 May 1971
| commencement          = 
| expiry_date           = 
| repeal_date           = 
| amends                = 
| replaces              = 
| amendments            = 
| repealing_legislation = 
| related_legislation   = 
| status                = amended
| legislation_history   = 
| theyworkforyou        = 
| millbankhansard       = 
| original_text         = https://www.legislation.gov.uk/ukpga/1971/27/contents/enacted
| revised_text          = 
| use_new_UK-LEG        = 
| UK-LEG_title          = Powers of Attorney Act 1971
| collapsed             = yes
}}
In English law, applying in England and Wales, anyone with capacity can grant a power of attorney. These can be general (i.e. to do anything which can legally be done by the donor in relation to their money or assets), or can relate to a specific act only (e.g. to sell freehold property), and are governed by the '''{{visible anchor|Powers of Attorney Act 1971}}''' (c. 27). An ordinary power of attorney is only valid for so long as the donor has the [[Mental capacity in England and Wales|mental capacity]] to ratify the attorney's actions.

There are also powers of attorney for trustees, governed by section 25 of the [[Trustee Act 1925]].

If the donor become incapacitated a normal power of attorney can no longer be used. To provide for such cases a [[lasting power of attorney]] must be created. This is a separate and quite different type of power, which must be in a prescribed form, signed and witnessed in a prescribed order, and registered with the [[Office of the Public Guardian (England and Wales)|Office of the Public Guardian]] (OPG).<ref name=opg>{{cite web | title=Make, register or end a lasting power of attorney | publisher=UK Government| date=15 December 2014<!--from page source-->| url=https://www.gov.uk/power-of-attorney}}</ref> This type of power of attorney was introduced in 2007 under the [[Mental Capacity Act 2005]]. It replaces the former [[enduring power of attorney]], although enduring powers correctly made before the law changed remain valid. Enduring powers were very different, as they only needed to be registered if the donor later lost capacity.

The OPG provides an online process for registering a lasting power of attorney.<ref>{{cite web|title=Make a lasting power of attorney|url=https://www.lastingpowerofattorney.service.gov.uk/home|website=Gov.UK|publisher=U.K. Government Digital Service|access-date=6 December 2017}}</ref>

Many of the provisions in American law, described in the sections above, use terminology having different meaning from both common British usage and from the terms used in the Mental Capacity Act 2005. Examples are 'enduring power of attorney', 'advance directive', and 'notary public': in English law, these terms do not have the same meaning as they have in America.

====Exceptional situations====
During the [[COVID-19 pandemic in the United Kingdom|coronavirus pandemic that started in 2019]], England and Wales permitted documents such as wills to be witnessed via video link; however, a power of attorney still had to be signed by hand by all persons involved, in the right order, and witnessed directly, although possibly through a window or outdoors.<ref>{{Cite web |title=Making and registering a Lasting Power of Attorney during the coronavirus outbreak |author= |website=UK Government |date=23 February 2022|url= https://www.gov.uk/guidance/making-and-registering-an-lpa-during-the-coronavirus-outbreak}} Original date 17 April 2020; updated many times (listed on page); guidance withdrawn on 30 March 2022.</ref>