A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people (known as "attorneys") to make decisions on your behalf if you become unable to make them yourself — for example, due to dementia, a stroke, or a serious accident. Without an LPA, your family may face a lengthy and expensive legal process to get the authority to manage your affairs. Setting up an LPA while you have mental capacity is one of the most important things you can do to protect yourself and your family.
The Two Types of LPA
There are two separate types of Lasting Power of Attorney in England and Wales, and each covers different decisions:
Property and Financial Affairs LPA
This LPA gives your attorney the authority to make decisions about your finances and property, including:
- Managing bank accounts and investments
- Paying bills, mortgage, and household expenses
- Selling or managing property
- Dealing with tax affairs
A Property and Financial Affairs LPA can be used as soon as it is registered — even while you still have mental capacity — if you give your consent. This can be useful if, for example, you are physically unable to get to the bank or want someone to manage your affairs while you are abroad.
Health and Welfare LPA
This LPA gives your attorney the authority to make decisions about your health and personal welfare, including:
- Medical treatment and care decisions
- Where you live and what care you receive
- Day-to-day matters such as diet, routine, and social activities
- Life-sustaining treatment (if you choose to give your attorney this authority)
A Health and Welfare LPA can only be used when you lack the mental capacity to make the specific decision in question. It cannot be used while you still have capacity.
Why You Need an LPA
Many people assume that their spouse or next of kin can automatically manage their affairs if they lose capacity. This is not the case. Without an LPA, your family would need to apply to the Court of Protection for a deputyship order — a process that:
- Costs at least £400 in court fees (often much more with solicitor costs)
- Can take several months to complete
- Means the court appoints a deputy — who may not be the person you would have chosen
- Requires annual reporting and ongoing supervision fees
During this process, your family may be unable to access your bank accounts, pay your bills, or make decisions about your care. An LPA avoids all of this.
Choosing Your Attorneys
Anyone aged 18 or over who has mental capacity can be appointed as your attorney. They do not need to be a solicitor or have any professional qualification. When choosing your attorneys, consider:
- Trust: This is the most important factor. Your attorney will have significant power over your affairs.
- Availability: Are they likely to be available when needed? Consider their age, health, and proximity.
- Financial competence: For a Property and Financial Affairs LPA, choose someone who is comfortable managing money.
- Joint vs joint and several: You can appoint attorneys to act "jointly" (all must agree on every decision), "jointly and severally" (any of them can act alone), or a combination. Joint and several is generally more practical as it means decisions can still be made if one attorney is unavailable.
How to Set Up an LPA
Registration Process
- How to apply
- Online or paper forms
- Certificate provider
- Independent person confirms you understand the LPA
- Registration fee
- £82 per LPA
- Registration time
- 8 – 10 weeks
- Registered with
- Office of the Public Guardian (OPG)
- Fee exemption
- Income under £12,000 or certain benefits
You need a "certificate provider" — someone who confirms you understand the LPA and are not being pressured. This can be someone who has known you well for at least two years, or a professional (solicitor, doctor, social worker, etc.). Source: GOV.UK — Power of Attorney
When to Set Up an LPA
The critical point is this: you can only create an LPA while you have mental capacity. Once you have lost capacity, it is too late. This is why it is so important to set one up early — ideally when you are healthy and clear-headed. Many people put it off because they think it is only relevant to older people, but accidents and illness can affect anyone at any age. The earlier you set up an LPA, the longer you have peace of mind that your affairs are protected.
Revoking an LPA
You can revoke (cancel) an LPA at any time while you still have mental capacity. You must notify the Office of the Public Guardian and your attorneys in writing. If circumstances change — for example, you no longer trust your attorney, or they become unable to act — the existing LPA can be revoked and a new one created.
Ordinary Power of Attorney
An Ordinary Power of Attorney (OPA) is a simpler and cheaper document that authorises someone to act on your behalf for a specific purpose or period — for example, managing your finances while you are abroad. The key difference from an LPA is that an OPA automatically ends if you lose mental capacity. This means it cannot protect you in the way an LPA does and is not a substitute for one.
Solicitor vs DIY
You can create an LPA yourself using the free online service on GOV.UK, which guides you through the process step by step. However, mistakes on the forms are common and can cause delays or rejection. A solicitor typically charges £300 to £600 per LPA (or a combined fee for both types) and will ensure the documents are completed correctly, advise on how to structure attorney appointments, and help with any complexities in your situation.
For more on protecting your family and estate, see our guides on wills and probate, succession planning, and care fees planning.
This guide is for general information only and does not constitute legal or financial advice. The information is based on publicly available data from GOV.UK, the Office of the Public Guardian, and other official sources. Always seek professional advice before making legal decisions. Fees and processes are subject to change — check official sources for the latest values.