Lasting Power of Attorney (LPA) – A Clear, Practical UK Guide
This guide explains LPAs in plain English, how they work in the UK, the different types available, and what you should consider before setting one up.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you to choose someone you trust to make decisions for you if you are unable to do so yourself.
Many people assume LPAs are only for old age or serious illness. In reality, they are about control, protection, and peace of mind at any stage of adult life. An accident, illness, or sudden loss of mental capacity can happen to anyone. An LPA ensures that your wishes are followed by people you have chosen — not by default decisions made by courts or institutions.
An LPA gives legal authority to another person (called your attorney) to act on your behalf.
You remain fully in control while you have mental capacity. The LPA only becomes active:
Immediately (for some financial decisions), or
If you lose mental capacity, depending on how it is set up
Importantly, LPAs must be created while you still have mental capacity. Once capacity is lost, it is too late to make one.
The Two Types of Lasting Power of Attorney
There are two separate LPAs in England and Wales. You can choose to create one or both.
1. Property and Financial Affairs LPA
This covers decisions about money and assets.
Your attorney can help with:
Paying bills and managing bank accounts
Managing pensions, benefits, and income
Buying or selling property
Dealing with tax and financial paperwork
This LPA can be used while you still have capacity, if you choose.
2. Health and Welfare LPA
This covers decisions about your care and personal wellbeing.
Your attorney can help with:
Medical treatment decisions
Care arrangements and living situation
Day-to-day welfare decisions
Life-sustaining treatment (if you allow this explicitly)
This LPA only takes effect if you lose mental capacity.
Comparison of the Two LPAs
| Type of LPA | What It Covers | When It Can Be Used |
|---|---|---|
| Property & Financial Affairs | Money, property, bills, bank accounts, investments | Immediately (if chosen) or if capacity is lost |
| Health & Welfare | Medical treatment, care, living arrangements | Only if mental capacity is lost |
Why Having an LPA Matters
Without a valid LPA in place:
Loved ones do not automatically have legal authority to act for you
Banks, doctors, and care providers may refuse to speak to family
Decisions may be delayed at critical moments
An application to the Court of Protection may be required — a process that is slow, expensive, and stressful
An LPA avoids uncertainty and ensures:
Your wishes are respected
Decisions are made by people you trust
Your family avoids unnecessary legal and emotional strain
Who Can Make a Lasting Power of Attorney?
You can make an LPA if you:
Are aged 18 or over
Have mental capacity at the time of making it
Understand what the LPA allows your attorney to do
You do not need to be ill, retired, or wealthy.
Choosing Your Attorney
An attorney should be:
Someone you trust completely
Organised and reliable
Comfortable making decisions under pressure
Many people choose:
A spouse or partner
An adult child
A close friend
A professional attorney (such as a solicitor)
You can appoint:
One attorney
Multiple attorneys jointly
Multiple attorneys jointly and severally (more flexible)
You can also name replacement attorneys if your first choice can no longer act.
How Long Does an LPA Take to Set Up?
An LPA is not valid until it has been registered.
| Stage | Typical Timeframe |
|---|---|
| Preparing the LPA | 1–2 weeks |
| Signing and witnessing | 1 week |
| Registration processing | 8–12 weeks (can vary) |
Because registration takes time, LPAs should be arranged before they are urgently needed.
How Much Does a Lasting Power of Attorney Cost?
The standard government registration fee is charged per LPA.
Additional costs may apply if you use professional help to ensure everything is completed correctly and tailored to your wishes.
Some people qualify for fee reductions or exemptions, depending on income and benefits.
Common Misunderstandings About LPAs
“I’ll lose control once I make one.”
You stay in control while you have capacity and can cancel or change the LPA.
“My spouse can automatically act for me.”
This is not true for banks, medical decisions, or property without an LPA.
“I’m too young to need one.”
LPAs are about preparation, not age.
Can an LPA Be Changed or Cancelled?
Yes — as long as you have mental capacity, you can:
Change your attorneys
Restrict or expand their powers
Cancel the LPA entirely
This flexibility is one reason LPAs are such a powerful planning tool.
Lasting Power of Attorney vs Enduring Power of Attorney
Enduring Powers of Attorney (EPAs) are older documents and are no longer created.
If you have an EPA made before October 2007, it may still be valid, but LPAs offer greater protection and clarity.
Is a Lasting Power of Attorney Right for You?
For most adults, the answer is yes.
An LPA is not about expecting the worst — it is about:
Making informed choices
Protecting yourself and your family
Removing uncertainty from the future
It is one of the most responsible legal steps you can take.
A Plain-English Guide for Older Parents and Relatives
If you’re reading this on behalf of a parent or older relative, this section is for you.
A Lasting Power of Attorney is not about giving up independence. It is about choosing who helps you if help is ever needed.
Many parents worry that:
They will lose control
Their children will start making decisions immediately
They are “too healthy” to need one
In reality:
You stay in control while you can make decisions
Attorneys only step in when needed
Making an LPA early avoids pressure later
An LPA gives reassurance that:
Bills can be paid without stress
Medical decisions reflect personal wishes
Family members can act quickly if something unexpected happens
For many families, creating an LPA reduces anxiety on both sides and avoids difficult conversations during a crisis.
Do I Need a Lasting Power of Attorney? (Decision Guide)
Use the questions below as a practical self-check.
| Question | If You Answer “Yes” |
|---|---|
| Do you want to choose who makes decisions for you? | An LPA lets you decide in advance |
| Would delays cause problems for your family? | An LPA avoids court applications |
| Do you own property or manage finances? | An LPA protects access and continuity |
| Do you have strong views about medical care? | A Health & Welfare LPA ensures your wishes are followed |
If you answered “yes” to any of the above, a Lasting Power of Attorney is likely appropriate.
Common Mistakes People Make With LPAs
Creating an LPA is straightforward, but small errors can have serious consequences.
Leaving it too late
An LPA must be made while mental capacity exists. Waiting removes the choice entirely.
Choosing the wrong attorney
Trust and reliability matter more than convenience.
Not registering the LPA
An unregistered LPA cannot be used.
Being too vague or too restrictive
Clear instructions and sensible flexibility work best.
Assuming one LPA covers everything
Financial decisions and health decisions are legally separate.
Why LPAs Are Increasingly Important in Modern Life
Today, many essential decisions are blocked without formal authority:
Banks and investment platforms
Utility providers
Care providers and medical professionals
Property transactions
An LPA creates clarity in systems that are increasingly risk-averse and process-driven. It allows trusted people to act without conflict or delay.
Final Thoughts: Planning That Protects Everyone
A Lasting Power of Attorney is not just a legal document — it is a personal safety net.
It protects:
Your autonomy
Your family’s ability to help
Your wishes during vulnerable moments
Creating an LPA is one of the clearest examples of forward-thinking, responsible planning available under UK law.
Frequently Asked Questions About Lasting Power of Attorney (UK)
What happens if I don’t have a Lasting Power of Attorney?
If you lose mental capacity without an LPA, nobody automatically has the legal right to manage your finances or make decisions about your care. Your family may need to apply to the Court of Protection, which can take many months and involve significant costs.
Can I make a Lasting Power of Attorney online?
Yes. LPAs can be prepared online and then printed for signing and witnessing. However, accuracy is essential — mistakes can delay registration or invalidate the document.
Does a Lasting Power of Attorney end when I die?
Yes. An LPA automatically ends on death. After that point, decisions are handled through your will and the estate administration process.
Can I have more than one attorney?
Yes. You can appoint multiple attorneys and decide whether they must act together or independently. Many people also appoint replacement attorneys as a safeguard.
Can my attorney make decisions I wouldn’t agree with?
Your attorney must act in your best interests and follow any instructions or preferences you include in the LPA. You remain free to limit or guide their powers when setting it up.
Can I still make my own decisions if I have an LPA?
Absolutely. While you have mental capacity, you remain in full control of all decisions.
Is a solicitor required to make an LPA?
No — but many people choose professional help to ensure the document is correctly drafted, registered, and aligned with their wishes.