A Power of Attorney is the single most useful piece of paperwork you can set up before going to prison, and it is the one most people skip. Without it, your nominated outside person cannot legally sell your car, deal with HMRC, sign a tenancy agreement on your behalf, or close a credit card in your name. With it, they can manage your entire financial life until you walk out the gate. This guide covers exactly what a Power of Attorney is, which type you need before a UK prison sentence in 2026, how to set one up in time, and the practical limits of what it can and cannot do.
What Is a Power of Attorney?
A Power of Attorney (PoA) is a legal document that lets you (the "donor") appoint one or more people (the "attorneys") to make decisions on your behalf. There are several types in England and Wales — and the one you need before prison depends on how long the sentence is and what you need covered.
The three relevant types:
There is also a Lasting Power of Attorney for Health and Welfare — not usually needed for a prison sentence unless there's a medical condition that may deteriorate.
Why You Need One Before Prison
Imagine these scenarios:
Each of these is a five-minute job with a Power of Attorney and a six-month nightmare without one. Multiply across all your financial relationships and the picture is bleak.
The Court of Protection can appoint a deputy to act for someone in custody, but it is slow (3–6 months), expensive (£365 application fee plus annual fees), and treats the prisoner as someone who has lost capacity — which is legally inaccurate. Getting an LPA in place before sentencing is far simpler.
Lasting Power of Attorney (LPA): The Main Option
An LPA for Property and Financial Affairs gives your attorney(s) authority to:
You can give general authority or restrict it to specific tasks. You can also state preferences and instructions — for example, "my attorney must consult my spouse before any property decision."
Who can be your attorney?
You can appoint multiple attorneys to act:
For a prison context, "jointly and severally" is usually best — your main attorney makes day-to-day decisions, but a backup can act if the first is unavailable.
How to set one up
The LPA is only valid once registered. Until then, your attorneys cannot use it.
> **Insider tip:** If you have low income or are on means-tested benefits, the £82 OPG fee is reduced or waived. Apply for a fee remission with form LPA120 at the same time you submit the LPA — saves up to £82.
Ordinary Power of Attorney: The Stopgap
An LPA takes 8 weeks to register. If you're being sentenced in 4 weeks, you need a stopgap.
An Ordinary Power of Attorney can be drafted by a solicitor (or downloaded as a template) and is effective from the day it's signed. It does not need to be registered.
It works for:
It does NOT work if:
A solicitor will draft an ordinary PoA in one appointment for £100–£250. Worth doing as a bridge while the LPA is being registered.
What the LPA Cannot Do
There are limits:
The Office of the Public Guardian polices attorney behaviour. Misuse of an LPA is a criminal offence and the OPG can apply to the Court of Protection to remove an attorney.
Practical Use Inside Prison
Once registered, your attorney holds the original LPA (or a certified copy). Banks, councils and government bodies will ask to see it — usually as a certified copy, not the original.
Certified copies can be made by:
Make 5–10 certified copies before you go in. Each institution often needs its own.
Inside, you cannot revoke or amend an LPA easily. Letters from prison stating "I revoke my LPA" are not enough — formal revocation must be witnessed and submitted to the OPG. In practice, prisoners rarely need to revoke during a sentence.
What If You're Already Sentenced?
If you're already inside without an LPA, it's still possible — just harder. The forms can be sent in, signed in front of a prison-approved witness (usually the chaplain or a senior officer), and posted out for the certificate provider and attorneys to sign. Some prisons are helpful with this; others are slow. Allow 12–16 weeks rather than 8.
A solicitor specialising in prison law (Bhatt Murphy, Howard League's lawyer panel, Reece Thomas Watson) can manage the process for you remotely.
Costs Summary
The LPA route is by far the cheapest and quickest if you have time.
Joint Bank Accounts vs LPA
Some couples ask if a joint account is enough. It helps for daily banking, but does not cover:
A joint account plus an LPA is the right combination.
Appointing Multiple Attorneys
Common arrangement for a prison sentence: spouse as primary attorney (jointly and severally), adult sibling or trusted friend as secondary. Add a solicitor as a "replacement attorney" if the primary attorneys can't act.
Avoid appointing more than 2–3 active attorneys — decisions become slow and disputes more likely.
Restricting the LPA
You can build in restrictions:
The last one — limiting the LPA to the prison period only — is unusual but possible. Most prisoners simply leave the LPA in place and revoke it after release if no longer needed.
What to Hand to Your Attorney Before Going In
A folder containing:
A clear handover document saves your attorney hundreds of hours of detective work.
FAQ
How long does an LPA take to register?
Around 8 weeks once submitted to the Office of the Public Guardian. Check current waiting times on gov.uk before sentencing.
Can I set up an LPA from prison?
Yes, but it's slower. The forms can be signed in prison with the right witnesses, but allow 12–16 weeks total. A specialist solicitor can manage the process.
Do I need a solicitor to make an LPA?
No. The forms can be done yourself online at gov.uk. A solicitor adds value if your circumstances are complex (business, multiple properties, blended family).
Can my attorney change my will?
No. Wills are personal and cannot be made or amended by an attorney.
What if my attorney misuses the LPA?
You (or anyone concerned) can report it to the Office of the Public Guardian. They investigate and can remove an attorney via the Court of Protection. Misuse can also be a fraud offence.
Will my LPA still be valid after I'm released?
Yes — it remains valid until you revoke it or you die. Many people keep an LPA in place for life, on the basis that future incapacity is always possible.
What's the difference between an LPA and a deputyship?
An LPA is set up by you in advance. A deputyship is appointed by the Court of Protection when someone has already lost capacity (or in rare cases, can't make their own arrangements). Deputyship is much slower and more expensive.
*Last updated: April 2026.*