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A Which? survey of 1,096 panel members found that about half had not made a power of attorney, while those who had done so were 68 on average. The report says the document must be made while a person still has mental capacity, and registration delays and court costs can complicate matters if it is left too late.
Which? is urging people not to wait until later life to arrange a power of attorney after a survey of 1,096 panel members found that those who had made one did so at an average age of 68. The warning matters because a person can only make the arrangement while they have the mental capacity to do so; waiting until help is needed may leave relatives having to seek authority through the courts instead.
About half of the survey respondents said they had not created a power of attorney, according to Which?. Among those who had, only 1% made one before age 50, while 11% did not do so until their 80s. The figures come from Which? Connect panel members and should be read as survey results, not as a measure of the whole population.
Which? found that some people put off making the document because they remained in good health or believed they still had full mental capacity. Around a quarter of those without one gave that reasoning, the report said. A similar proportion said they had someone they trusted to help if needed. But trust alone does not give that person legal authority to deal with organisations such as banks and councils.
Registration times differ across the UK. Figures obtained through freedom of information requests and reported by Which? put average clearance at 44 days in England and Wales, 276 days in Scotland and 23 days in Northern Ireland. The report listed fees of £92, £99 and £189 respectively, with prices stated as of 1 September 2026. The Scottish figure was marked with an asterisk in the source, but the supplied material does not explain it.
The practical risk is that a power of attorney is a legal arrangement made in advance, not something relatives can automatically activate when an emergency occurs. A spouse or adult child does not gain authority just through their relationship; the person must have named them in the document. If the individual later loses the capacity required to make one, relatives may need to apply for deputyship or, in Scotland, guardianship.
That route can mean court applications, more documentation and ongoing fees, according to Which?. The report says the costs can run into thousands of pounds. The delay can also affect who participates in decisions. One Which? member told the publication that after their mother had a severe stroke, she could no longer make the planned power of attorney. The family then had to seek deputyship through the Court of Protection, involving a sibling who had not been included in the original arrangement.
These examples do not establish how often families face such difficulties, but they show why a document’s details matter as well as its timing. Choosing attorneys and deciding whether they act together or independently can shape how decisions are made if the document is later needed.
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What the Survey and Rules Show
A power of attorney allows a person to appoint someone else to make decisions or manage affairs on their behalf, subject to the document and the relevant jurisdiction’s rules. The central point in Which?’s report is that it must be arranged while the person still has the required mental capacity. The survey does not establish that age 68 is a deadline or a recommended age; it is the average reported age among respondents who had set one up.
Which? also notes that having a trusted relative or friend is not the same as formally granting them authority. A married person’s spouse does not automatically have power of attorney. People can name more than one attorney, but the report cautions that appointments made to act jointly may require attorneys to act together. It says the death or resignation of one joint attorney could make the arrangement unusable, and advises considering replacement attorneys.
The report describes registration as potentially lengthy, particularly in Scotland. It attributes Scotland’s backlog, as previously explained by the Scottish Office of the Public Guardian, to the pandemic, an outdated case-management system and a substantial increase in applications. The published clearance-time figures are a snapshot, not a guarantee of how long any individual application will take.
“Power of attorney can only be set up while you still have mental capacity.”
— Which? report
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Limits of the Survey and Figures
The survey involved 1,096 Which? Connect panel members; the supplied report does not provide enough detail to determine how representative they are of the UK population. Its results describe the panel, not the share of all adults who have arranged a power of attorney. The report also does not give a survey year beyond saying the poll took place in August.
Registration times and fees are reported as current on 1 September 2026, and may change. The source lists Scotland’s £99 fee with an asterisk but supplies no accompanying explanation. It also does not set out the full legal process or costs for every kind of deputyship or guardianship application. Individual requirements depend on where a person lives and their circumstances.
The source material ends partway through an account of tensions between two family members acting as attorneys. It does not provide the full account, so no further details about that dispute can be confirmed from the material provided.
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Check Local Registration Requirements
People considering an arrangement will need to check the rules and registration process for the part of the UK where they live, including current fees and processing estimates. The report’s figures indicate that waiting for registration can take weeks or months, particularly in the Scotland data it cites, but they should not be treated as a promise of an individual application’s timing.
They will also need to decide whom to appoint and whether attorneys should act jointly or jointly and severally, and consider naming replacements. Which?’s report presents those as practical choices to review when preparing the document. It does not identify any new legislation or official policy change, and the supplied material does not announce a formal response from government agencies.
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Key Questions
Why does Which? say people should not wait to make a power of attorney?
Which? says a person must have the required mental capacity when making the arrangement. If they lose that capacity before completing it, relatives may have to seek court authority instead.
Does a spouse automatically have power of attorney?
No. Which? says a spouse must be named in the document; being married does not by itself grant legal authority to manage the other person’s affairs.
How long did registration take in the figures reported?
The average clearance times cited by Which? were 44 days in England and Wales, 276 days in Scotland and 23 days in Northern Ireland. The figures are a snapshot reported as of 1 September 2026 and do not guarantee the timing of a particular application.
What if someone loses capacity without having made a power of attorney?
Which? says relatives may need to apply for deputyship through the courts, or guardianship in Scotland. The process can involve additional paperwork, fees and, in some cases, a hearing.
Can someone appoint more than one attorney?
Yes. Which? says people can name multiple attorneys, but they should understand how the arrangement works. Attorneys appointed to act jointly may have to act together, so the report advises considering replacement attorneys and whether joint or joint-and-several authority is suitable.
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