Planning Ahead With No Family or Next of Kin in the UK

Detailed Explanation

In the UK, planning ahead without family means making the same legal appointments as anyone else, but choosing a friend or professional instead of a relative, and paying closer attention to what happens if nobody is appointed. This page covers the UK rules, which differ between England and Wales, Scotland, and Northern Ireland. For the general approach that applies in any country, see how do you plan ahead if you have no family or next of kin.

Lasting powers of attorney in England and Wales

There are two types of lasting power of attorney (LPA), and you can make one or both:

• Property and financial affairs, covering bank accounts, bills, benefits, and selling property.
• Health and welfare, covering medical treatment, care, and where you live, once you lack capacity to decide yourself.

Your attorney must be 18 or over. GOV.UK lists a relative, a friend, a professional such as a solicitor, or a spouse or partner as possible attorneys, so family is not required. For a property and financial affairs LPA, the attorney can't be bankrupt or subject to a debt relief order. You can also name replacement attorneys who step in if your first choice can no longer act, which matters more when your attorney is a friend of similar age.

An LPA has to be registered with the Office of the Public Guardian (OPG) before it can be used. As of 2026, registration costs £92 per LPA (£184 for both), with a reduced fee if you earn less than £12,000 and a possible exemption for people on certain benefits. Registration takes 8 to 10 weeks if there are no mistakes. Check GOV.UK for the current fee, since it changes periodically.

A registered LPA is also easier to find. Anyone can apply, free of charge, to search the OPG registers to see whether someone has a registered attorney or a court-appointed deputy.

Recording treatment wishes

An LPA for health and welfare names a person. If you also want to refuse specific treatments, an advance decision to refuse treatment (sometimes called a living will) records that in advance. The NHS says a decision refusing life-sustaining treatment must be written down, signed by you, and signed by a witness. An advance statement records wider preferences about your care but isn't legally binding in the same way. Give copies to your GP and your attorney, since there may be no relative to mention that one exists.

If you haven't made an LPA

If you lose capacity without an LPA, nobody automatically has authority over your finances, including relatives. Someone has to apply to the Court of Protection to be appointed as a deputy for property and financial affairs or personal welfare. Without family, the applicant might be a friend or a professional. The process is slower and more expensive than an LPA, and you have no say in who is chosen.

For medical decisions, doctors act in your best interests under the Mental Capacity Act 2005. When there's no attorney, deputy, family member, or friend appropriate to consult and the NHS is proposing serious medical treatment, the Act requires an independent mental capacity advocate (IMCA) to be involved, unless the treatment is urgent. An IMCA is a safeguard, not a substitute for someone who knows you.

After a death with no one to arrange the funeral

In England and Wales, section 46 of the Public Health (Control of Disease) Act 1984 requires the local council to bury or cremate anyone who dies in its area where no other suitable arrangements are being made. The council can recover its costs from the estate, and it must not cremate someone if it has reason to believe that would be contrary to their wishes. In Scotland, section 87 of the Burial and Cremation (Scotland) Act 2016 places a similar duty on councils, who must have regard to any known wishes and to the person's religion or belief.

These funerals are usually simple. Written funeral wishes held by an executor you've chosen give you much more say. See how do you record your funeral wishes.

If you die in England or Wales with no will and no relatives entitled to inherit, your estate passes to the Crown as "bona vacantia". A will is the only way to leave your estate to friends or charities, and naming an executor, whether a friend, a solicitor, or a professional firm, means someone has authority to act straight away.

Scotland and Northern Ireland

• Scotland uses a continuing power of attorney (finances and property) and a welfare power of attorney (health and personal welfare), which can be combined in one document. It must include a certificate signed by a Scottish solicitor, an advocate, or a registered UK doctor confirming you understood it, and it is registered with the Office of the Public Guardian (Scotland), which charges a fee. The fees are set by Scottish regulations and are reviewed from April, so check the OPG Scotland fees page for the current amount.
• Northern Ireland uses an enduring power of attorney, which covers financial matters only. It is registered with the Office of Care and Protection when your attorney believes you're no longer capable of managing your affairs, not when it's signed.

Things to Consider

• Make both types of LPA if you can. Without family, there's nobody to informally speak up about care decisions, so the health and welfare LPA arguably matters more for solo planners than for others.
• Professional attorneys and executors charge fees, which are paid from your money. A friend usually acts without charge, but it's a real commitment, so talk it through with them first.
• Tell your GP who your attorney is, and lodge a copy of any advance decision with your GP practice.
• If you have property in more than one UK nation, or abroad, each system may need its own document. This is worth getting a solicitor's advice on.

Common Mistakes

• Assuming a friend can step in without paperwork. Without an LPA or deputyship, nobody has legal authority over your bank accounts, and that includes friends and relatives.
• Signing but never registering. In England and Wales an LPA can't be used until the OPG has registered it, which takes weeks.
• Using an England and Wales LPA form in Scotland or Northern Ireland. Each has its own documents and rules.
• Leaving funeral wishes unwritten. A council-arranged funeral can only respect wishes it knows about.