Does a power of attorney need to be notarised or witnessed?

It depends where you are. In the US, most durable powers of attorney must be notarised, and some states also require witnesses — for example New York requires notarisation and two witnesses, while California allows a notary or two witnesses. In England & Wales an LPA isn’t “notarised”; instead it is witnessed, signed by a certificate provider, and then registered with the Office of the Public Guardian. GitLaw gives you the exact signing checklist for your jurisdiction.

What’s the difference between a durable, general and springing power of attorney?

These are US terms. A general power of attorney ends if you lose mental capacity. A durable power of attorney continues through incapacity — usually the whole point, which is why it’s the common choice. A springing power of attorney only takes effect on a trigger you define, such as a doctor confirming incapacity. In many states durability is now the default, but non-uniform states still need express “durable” wording, so it must be drafted deliberately.

Do I need a solicitor for a UK lasting power of attorney, or can I DIY?

You don’t need a solicitor — gov.uk lets you make and register an LPA yourself, and that’s the official route. The catch is the free-text instructions and preferences, where invalid wording causes tens of thousands of rejections a year. GitLaw isn’t a replacement for gov.uk: it helps you choose your attorneys, get the instructions wording right, and plan your certificate provider, so your application isn’t sent back — then you register at gov.uk.

How much does a UK lasting power of attorney cost, and how long does it take?

You register a lasting power of attorney with the Office of the Public Guardian at gov.uk. The registration fee is £92 per LPA (so £184 for both a property & financial affairs LPA and a health & welfare LPA), with fee reductions or exemptions for lower incomes. Processing typically takes around 8 to 10 weeks if the form is error-free. These are gov.uk figures and can change — always check gov.uk for the current fee and timescale before you register.

Can a power of attorney help run my company if I lose capacity?

This is a founder blind spot. A personal power of attorney does not let your attorney act as a company director — in the UK, model articles often terminate a director who loses capacity, and your shareholders’ agreement governs what happens next. A “business LPA” (a property & financial affairs LPA scoped to your business, with separate attorneys to avoid conflicts) is a recognised drafting approach, not a separate gov.uk product. GitLaw flags this and helps you align it with your company paperwork — something a generic form won’t.

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Set up a power of attorney — free

Decide who you’d trust to act for you, and which powers to grant. GitLaw drafts the document in plain language and explains each choice. In the US it prepares a state-specific durable power of attorney; in the UK it drafts an ordinary power of attorney and your lasting power of attorney (LPA) instructions — then points you to gov.uk, where an LPA is officially registered.

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How a power of attorney actually works

Four honest steps — and where the UK hands off to gov.uk

A power of attorney lets someone you trust act for you. The hard part isn’t the form — it’s the decisions, and knowing exactly how each one becomes valid. Here’s the whole path, including the register step no drafting tool can do for you.

Example power of attorney for Alex Morgan, appointing my spouse. Drafted August 6, 2026. This is a sample — your own answers fill every clause.

The step that makes it valid

This is the offline part, and it differs by jurisdiction — we won’t pretend it doesn’t. US: most durable powers of attorney must be signed before a notary; several states also require witnesses (for example New York requires notarisation and two witnesses; California allows a notary or two witnesses). Real-property use effectively requires notarisation. GitLaw gives you the checklist for your state. UK: everyone signs the same paper original in a set order, with a witness, and a certificate provider confirms you understand the LPA. Attorneys cannot witness the donor, and there are no digital signatures on the LPA itself. A healthcare power of attorney is a separate instrument — don’t assume one form covers both.

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General power of attorney

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What registering a power of attorney actually takes

Not because it’s hard — because the decisions feel heavy and the process is opaque. In the UK, DIY forms are rejected in their tens of thousands over wording alone. The result: when someone loses capacity, families are left applying to a court instead.

~39,000UK LPA applications rejected in a year, often over wording (per MoneySavingExpert)

£92gov.uk fee to register one UK lasting power of attorney with the OPG

8–10 weeksTypical OPG processing time for an error-free UK LPA

Sources: gov.uk (LPA fee and registration times); MoneySavingExpert (rejections). Figures are current at publication and can change — check gov.uk before you register.

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Who’s drafting this

GitLaw is an AI agent for your legal documents

It guides the decisions, drafts the wording, and versions your documents — and it’s candid about the steps only an official body can do, like registering a UK LPA with the OPG.

Guides the hard decisionsWho to appoint, which powers to grant, durable vs general, and the instructions wording DIY forms get wrong.

Honest about validityTells you plainly how each document becomes valid — signing and notary/witness rules in the US, OPG registration in the UK.

US & UK awareA state-specific durable POA in the US; an ordinary POA plus LPA instructions in the UK, with a founder-aware view of business powers.

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