A lasting power of attorney (LPA) is one of the most important legal documents you can have. It allows someone you trust to make decisions on your behalf if you lose the capacity to do so yourself — whether through illness, injury, or age-related cognitive decline. Without an LPA, your family may need to apply to the Court of Protection, which is expensive, slow, and stressful.
What Is a Lasting Power of Attorney
An LPA is a legal document that gives one or more people (called “attorneys”) the authority to make decisions for you if you can no longer make them yourself. There are two types of LPA, and you can set up one or both:
Property and Financial Affairs LPA
This covers decisions about your money and property, including:
- Managing bank accounts and paying bills
- Collecting income, pensions, and benefits
- Buying, selling, or managing property
- Making investments
- Dealing with tax affairs
This type of LPA can be used as soon as it is registered, even if you still have mental capacity — for example, if you are abroad and need someone to manage your finances at home.
Health and Welfare LPA
This covers decisions about your health and personal welfare, including:
- Medical treatment decisions
- Where you live (e.g., moving into a care home)
- Your daily routine, diet, and activities
- Consenting to or refusing life-sustaining treatment
This type of LPA can only be used when you have lost mental capacity. It cannot be used while you are still able to make your own decisions.
Choosing Your Attorney
Your attorney is the person you trust to make decisions on your behalf. This is one of the most important choices you will make. Consider the following when choosing:
- Trust — You must trust this person completely. They will have significant control over your life
- Availability — Your attorney should be willing and able to take on the role. Discuss it with them first
- Judgement — They need to make sensible, well-considered decisions
- Age — Your attorney must be 18 or over
- No restrictions — They cannot be bankrupt (for a Property and Financial Affairs LPA)
You can appoint more than one attorney. They can act:
- Jointly — All attorneys must agree on every decision
- Jointly and severally — Each attorney can act independently
- Jointly for some decisions, severally for others — A combination of both
Most people appoint their spouse, adult children, or close family members. You can also appoint a professional attorney, such as a solicitor, though they may charge for their services.
The Registration Process
Setting up an LPA involves two steps: completing the forms and registering them with the Office of the Public Guardian (OPG).
Step 1: Complete the LPA Forms
You can complete LPA forms online at the GOV.UK website or download paper forms. The forms ask for:
- Your details (the “donor”)
- Your chosen attorney(s) and their details
- Any restrictions or conditions you want to place on your attorneys
- Preferences about how you want decisions to be made
- A certificate provider — an independent person who confirms you understand the LPA and are not being pressured into making it
Step 2: Register with the Office of the Public Guardian
Once the forms are completed and signed, you send them to the Office of the Public Guardian for registration. The OPG checks the forms for errors and registers the LPA on the Register of Lasting Powers of Attorney.
Registration typically takes 8 to 10 weeks. You can pay for an expedited service if you need the LPA registered urgently (e.g., if you are about to undergo surgery).
Step 3: Notify People (Optional)
For a Property and Financial Affairs LPA, you do not need to notify anyone. For a Health and Welfare LPA, you are encouraged to notify people who might want to object to the registration — such as family members who disagree with your choice of attorney.
Cost
The registration fee for each LPA is £82. If you set up both types, the total cost is £164.
| LPA type | Registration fee |
|---|---|
| Property and Financial Affairs | £82 |
| Health and Welfare | £82 |
| Total (both types) | £164 |
You may be eligible for a fee reduction or exemption if you are on a low income or receive certain benefits:
- Fee reduction — If you receive Universal Credit, Housing Benefit, or have income below a threshold, you may pay a reduced fee of £41 per LPA
- Full exemption — If you receive the guaranteed element of Pension Credit, you may not pay any registration fee
Check the GOV.UK website for current fee information and eligibility criteria.
When Does an LPA Activate
The two types of LPA activate at different times:
| LPA type | When it activates |
|---|---|
| Property and Financial Affairs | As soon as it is registered (even if you still have capacity) |
| Health and Welfare | Only when you have lost mental capacity |
This means the Property and Financial Affairs LPA is immediately useful — for example, if you go into hospital and need someone to manage your bills. The Health and Welfare LPA sits dormant until a doctor confirms you lack mental capacity.
What an Attorney Can Do
Your attorney must act in your best interests at all times. They must follow the Mental Capacity Act 2005, which requires them to:
- Consider your wishes, feelings, and beliefs
- Encourage you to make your own decisions where possible
- Consult with others who know you well (family, friends, carers)
- Not take advantage of their position
Property and Financial Affairs Attorney
- Pay bills and manage bank accounts
- Collect income, pensions, and benefits
- Buy and sell property (with court approval in some cases)
- Make investment decisions
- Deal with HMRC and tax matters
- Claim benefits on your behalf
Health and Welfare Attorney
- Make decisions about medical treatment (including life-sustaining treatment, if you have given authority)
- Decide where you live
- Make decisions about your daily care and routine
- Consent to or refuse care home placement
Restrictions and Preferences
You can place restrictions or conditions in your LPA. Examples include:
- Consultation requirement — Your attorney must consult with specific family members before making certain decisions
- Investment restrictions — Limiting what types of investments your attorney can make
- Property restrictions — Preventing your attorney from selling your home without court approval
- Medical preferences — Specifying your wishes about life-sustaining treatment
You can also include “preferences” — statements about how you want decisions to be made. These are not legally binding but should be followed by your attorney where possible.
Worked Example: 70-Year-Old Creates Two LPAs
Margaret is 70 and in good health, but she wants to prepare for the future. She has two adult children: her daughter, Lisa, and her son, Tom.
Margaret’s LPAs
Property and Financial Affairs LPA:
- Attorney: Lisa
- Restriction: Lisa must consult Tom before making decisions about the family home
- Activates immediately upon registration
Health and Welfare LPA:
- Attorney: Tom
- Preference: Margaret does not want to be kept alive by artificial means if there is no reasonable prospect of recovery
- Activates only when Margaret loses mental capacity
Cost
| Item | Cost |
|---|---|
| Property and Financial Affairs registration | £82 |
| Health and Welfare registration | £82 |
| Total | £164 |
What This Achieves
If Margaret remains well, she manages her own affairs. If she goes into hospital and needs someone to pay her bills, Lisa can step in immediately. If Margaret later develops dementia or another condition affecting her mental capacity, Tom can make decisions about her medical care and living arrangements.
By setting up both LPAs while she is healthy, Margaret avoids the need for her family to apply to the Court of Protection — a process that costs thousands of pounds and takes months.
Tips for Setting Up an LPA
- Set up your LPA while you have capacity — You must understand what you are signing. Once you lose capacity, you cannot create an LPA
- Choose your attorneys carefully — This is a decision that affects your entire future. Do not rush it
- Discuss your wishes with your attorneys — Make sure they understand what you want and are comfortable taking on the role
- Register both types of LPA — Many people only register one type, then find they need the other
- Store your LPA safely — Keep the registered original in a safe place. Your attorneys will need it to act on your behalf
- Review your LPA annually — Check that your attorneys are still willing and able to act, and that your preferences have not changed
- Consider professional advice — If your estate is complex or you have specific concerns, seek advice from a solicitor