What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted people (called "attorneys") to make decisions on your behalf. These decisions might be about your finances, your health, or your care.
The key word is "lasting" — unlike an ordinary power of attorney, an LPA continues to be valid even if you lose mental capacity. This makes it an essential part of planning for the future.
Important: An LPA is different from a will. A will only takes effect after you die. An LPA is used while you're alive but unable to make decisions yourself.
The two types of LPA
There are two separate types of LPA, each covering different decisions:
1. Property and Financial Affairs LPA
This covers decisions about your money and property, including:
- Managing bank accounts and paying bills
- Collecting income, benefits, and pensions
- Buying and selling property
- Managing investments
- Dealing with tax affairs
2. Health and Welfare LPA
This covers decisions about your health and daily care, including:
- Where you live and who you live with
- Day-to-day care (washing, dressing, eating)
- Medical treatment and care
- Life-sustaining treatment (if you grant this authority)
- Social activities and contact with others
Most people choose to make both types of LPA, as they cover completely different situations. You can appoint the same attorneys for both or choose different people for each.
Why do I need an LPA?
Many people assume their spouse or family could automatically make decisions for them if something happened. This isn't true.
Without an LPA, if you lose capacity (for example, through dementia, stroke, or serious accident), your family would have to apply to the Court of Protection to be appointed as your "deputy." This process:
- Takes many months (sometimes over a year)
- Costs significantly more (often £1,000+)
- Requires ongoing supervision and annual fees
- May not result in your preferred person being appointed
- Causes stress and difficulty for your family when they're already worried about you
Real-world scenarios
Without LPA: John develops dementia. His wife needs to sell their house to pay for his care, but the house is in joint names. She cannot sell without his agreement, and he can no longer give it. She must apply to the Court of Protection, taking 8 months and costing £2,000 in legal fees — while care home bills mount up.
With LPA: Mary has a stroke and cannot communicate. Her daughter, appointed as her attorney, can immediately access Mary's accounts to pay bills, liaise with doctors about treatment, and arrange appropriate care — all without court involvement.
Choosing your attorneys
Your attorneys must be:
- 18 or over
- Mentally capable of making decisions
- Not bankrupt (for a Property and Financial Affairs LPA)
Beyond these legal requirements, consider:
- Do you trust them completely? They will have significant power over your life
- Are they willing? Being an attorney is a responsibility — always ask first
- Are they capable? Managing finances or making care decisions requires certain skills
- Will they be available? Consider their age, health, and location
- Do they understand your values? Especially important for health decisions
You can appoint multiple attorneys. Many people appoint their spouse plus an adult child, or two children together.
How attorneys can act
If you appoint more than one attorney, you can specify how they must work together:
Jointly
All attorneys must agree on every decision. This provides maximum oversight but can be impractical if attorneys live far apart or disagree. If one attorney dies or becomes incapable, the LPA fails entirely.
Jointly and severally
Attorneys can act together or independently. This is more flexible — any one attorney can make routine decisions alone. If one attorney can no longer act, the others can continue.
Jointly for some decisions, jointly and severally for others
You can mix approaches. For example, requiring joint agreement to sell your house, but allowing individual decisions for day-to-day banking.
The registration process
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. The process involves:
- Creating the LPA document — This must be done while you have mental capacity
- Signing by all parties — You, your attorneys, and a "certificate provider" who confirms you understand what you're signing
- Submitting to the OPG — Along with the registration fee (currently £92 per LPA)
- Waiting period — The OPG checks the document and notifies anyone you've asked to be told
- Registration confirmed — You receive the stamped, registered LPA (typically 8-10 weeks)
Key point: Register your LPAs as soon as they're signed. If you wait until you need it, it may be too late — you might have lost capacity by then, making registration impossible.
When can an LPA be used?
The two types of LPA can be used at different times:
Property and Financial Affairs LPA
Can be used as soon as it's registered — with your permission. This can be useful if you're travelling, in hospital, or simply want help managing your affairs. You remain in control and can continue making your own decisions alongside your attorneys.
Health and Welfare LPA
Can only be used when you lack mental capacity to make a particular decision yourself. Your attorneys cannot override your wishes while you can still make decisions — this protects your autonomy.
Safeguards and protections
LPAs include several protections against misuse:
- Certificate provider — An independent person must confirm you understand the LPA and aren't being pressured
- People to notify — You can name people who will be told when the LPA is registered, giving them a chance to object
- Instructions and preferences — You can include specific instructions attorneys must follow, or preferences for how you'd like things done
- Best interests duty — Attorneys must act in your best interests, not their own
- OPG oversight — The Office of the Public Guardian can investigate concerns about attorneys
- Court powers — The Court of Protection can remove attorneys who abuse their position
Cost and fees
The costs involved in setting up an LPA include:
- Preparation fee — What you pay for professional help creating the LPA (our fee: £150 per LPA set)
- Registration fee — Payable to the Office of the Public Guardian (currently £92 per LPA)
Most people make both types of LPA, so the total cost would be approximately £334 (£150 preparation + £184 registration). This is significantly less than the cost of a Court of Protection application (often £1,000-2,000+) — and avoids the delays and stress that comes with it.
If you receive certain means-tested benefits, you may be exempt from the registration fee or qualify for a 50% reduction.