A lasting power of attorney (LPA) is one of the most important documents you can put in place — and one of the most overlooked. While a will decides what happens after you die, a lasting power of attorney in the UK deals with what happens if you are still alive but unable to make decisions for yourself, whether through illness, an accident or conditions such as dementia or stroke. Without one, even close family cannot simply step in to help.
An LPA lets you choose, in advance and while you have full mental capacity, one or more people you trust (your “attorneys”) to act for you if the need arises. It is a cornerstone of any sensible estate plan, and arguably as important as the will itself.
The two types of LPA
In England and Wales there are two separate lasting powers of attorney, and most people put both in place.
- Health and Welfare LPA. This covers decisions about your medical treatment, daily care, where you live, and — if you choose to grant it — life-sustaining treatment. It can only be used once you have lost the capacity to make the decision in question.
- Property and Financial Affairs LPA. This covers managing bank accounts, paying bills, collecting income, dealing with investments and selling property. It can be used as soon as it is registered (with your permission) or only when you lose capacity — your choice.
Who’s involved
The donor is you, the person making the LPA. Your attorneys are the people you appoint; they must be 18 or over and act in your best interests, following the principles of the Mental Capacity Act 2005. You can appoint more than one and decide whether they must act jointly (always together) or jointly and severally (together or independently), and you can name replacements. A certificate provider — an independent person who confirms you understand the document and are not under pressure — must also sign.
An LPA is something you make while you still can, precisely so that someone you trust is ready if you no longer can.
How to set up a lasting power of attorney
The process in England and Wales runs roughly as follows:
- Choose your attorneys and decide how they should act, and whether to include any instructions or preferences.
- Complete the LPA forms, available through the GOV.UK service or with help from a solicitor or will writer.
- Have the document signed by you, your attorneys and a certificate provider, in the correct order.
- Register the LPA with the Office of the Public Guardian (OPG). An LPA cannot be used until it is registered, and registration currently costs £82 per document, with reductions or exemptions for those on a low income or certain benefits.
Registration can take several weeks, so it is wise not to leave it until a crisis. You can prepare an LPA yourself, but many people use a professional to be sure it is valid and that the right options have been chosen — see our guide on how to choose a will writer, as many also prepare LPAs.
What attorneys can and cannot do
Attorneys are bound by law to act in your best interests, to keep your money separate from their own, and to keep records. They cannot use your funds for themselves, make a will on your behalf, or generally make large gifts of your money beyond modest amounts on customary occasions. A Health and Welfare attorney can only act once you lack capacity, and only on matters the LPA covers. The Office of the Public Guardian supervises attorneys and can investigate concerns about abuse.
Why it matters: the alternative is the Court of Protection
If you lose mental capacity without an LPA in place, your loved ones cannot automatically manage your affairs — not even a spouse can simply access a sole account or make care decisions. Instead, someone must apply to the Court of Protection to be appointed as your deputy. That process is slower, more expensive and more heavily supervised than an LPA, often taking many months at a stressful time. An LPA set up in advance avoids all of it.
It is worth knowing that LPAs replaced the older Enduring Powers of Attorney (EPAs): an EPA made before October 2007 can still be valid but covers property and finances only. The rules also differ in Scotland and Northern Ireland, which have their own systems, so this guide applies to England and Wales.
Putting an LPA in place is straightforward, inexpensive and one of the kindest things you can do for the people who would otherwise be left struggling to act on your behalf. Pairing it with an up-to-date will, and reviewing both after any major life change, gives you and your family genuine peace of mind. If you would like help, you can compare qualified professionals who prepare wills and LPAs across the UK through our directory.