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LPA Explained: The Document Everyone Needs Before They Need It

12 min11 Jan 2026

Lasting Power of Attorney Explained: What Every UK Adult Should Know

Here's the uncomfortable truth: one in three people over 65 will develop dementia. Strokes, accidents, and sudden illness can happen at any age. If you lose the ability to make decisions and don't have an LPA in place, your family faces a nightmare of court applications, legal fees, and months of delays just to help you.

An LPA is not about expecting the worst. It's about making life easier for the people you love if something unexpected happens.

Table of Contents

What is a Lasting Power of Attorney? {#what-is-lpa}

A Lasting Power of Attorney is a legal document that allows you (the "donor") to appoint one or more trusted people (your "attorneys") to make decisions on your behalf. These decisions can relate to your finances, property, health, or welfare.

The key word is "lasting." Unlike an ordinary power of attorney, an LPA continues to be valid even if you lose mental capacity. In fact, that's precisely when it becomes most valuable.

Think of it as an insurance policy for your decision-making ability. You hope you'll never need it, but if you do, you'll be extremely glad it's in place.

Who Can Make an LPA?

To create an LPA, you must:

  • Be 18 or over
  • Have mental capacity to understand what an LPA is and what it means
  • Make the decision voluntarily without pressure from anyone

The Mental Capacity Act 2005 defines capacity as being able to understand, retain, and weigh up information to make a decision. If there's any doubt about your capacity, a doctor or other professional can provide an assessment.

The Two Types of LPA {#two-types}

In England and Wales, there are two distinct types of LPA. They cover different decisions and work in different ways.

Property and Financial Affairs LPA

This LPA covers all your financial matters:

  • Bank accounts - accessing, managing, and closing accounts
  • Investments and savings - making decisions about your money
  • Paying bills - utilities, council tax, insurance
  • Property - selling, renting, or managing your home
  • Pensions and benefits - claiming and managing entitlements
  • Tax affairs - dealing with HMRC on your behalf

When it can be used: A Property and Financial Affairs LPA can be used as soon as it's registered with the Office of the Public Guardian. You can choose to let your attorney act while you still have capacity (with your permission) or only if you lose capacity.

Health and Welfare LPA

This LPA covers personal and medical decisions:

  • Medical treatment - consenting to or refusing treatment
  • Care arrangements - where you live and who provides care
  • Daily routine - diet, clothing, personal care
  • Social activities - who you see and what you do
  • Life-sustaining treatment - if you grant this authority

When it can be used: A Health and Welfare LPA can only be used when you lack the capacity to make a specific decision. Your attorneys cannot make health decisions while you're capable of making them yourself.

Why You Need Both Types {#need-both}

Many people assume one LPA will cover everything. It won't.

If you only have a Property and Financial Affairs LPA, your attorneys can pay your care home fees, but they have no legal authority to discuss your care plan with the home or consent to medical treatment.

If you only have a Health and Welfare LPA, your attorneys can make decisions about your medical care, but they cannot access your bank account to pay for it.

The practical reality: When someone loses capacity, they need help with both finances and personal welfare. Having only one type creates gaps that can cause real problems.

A Real-World Example

Sarah had a stroke at 58. She had a Property and Financial Affairs LPA, so her husband could immediately access their joint account, pay the mortgage, and manage household bills.

But when the hospital needed consent for a procedure, he had no legal authority. When the care team wanted to discuss rehabilitation options, he couldn't formally participate in decisions. He was her husband of 30 years, but legally, that meant nothing for health decisions.

The solution? A best interests meeting involving medical professionals, social workers, and family members. Time-consuming, stressful, and entirely avoidable with a Health and Welfare LPA.

When Can an LPA Be Used? {#when-used}

Property and Financial Affairs LPA

You have flexibility here. When creating this LPA, you can specify that your attorney can act:

  • Only when you lack capacity - The attorney must have evidence you cannot make financial decisions
  • While you still have capacity - With your permission, they can help with finances even while you're capable

Many couples choose the second option so one partner can manage all household finances if the other becomes ill or is simply busy. However, this requires complete trust in your attorney.

Health and Welfare LPA

This type cannot be used while you have capacity to make your own decisions. The law protects your right to make your own choices about your body and care as long as you're able to.

Your attorneys can only step in when:

  • A specific decision needs to be made
  • You lack the mental capacity to make that decision
  • A professional (usually a doctor) has assessed that you cannot make the decision

Even then, your attorneys must act in your best interests and consider any wishes you've expressed.

Choosing Your Attorney {#choosing-attorney}

Your attorney is the person who will make critical decisions about your money, your home, your medical treatment, and your care. Choose carefully.

Essential Qualities

  • Trustworthy - Above all else, you must trust them completely
  • Reliable - They need to be available and willing to act when needed
  • Competent - They should be able to handle financial or personal decisions
  • Knows you - They should understand your values and wishes
  • No conflicts of interest - They shouldn't benefit from your decisions

Who Can Be an Attorney?

Your attorney must be:

  • 18 or over
  • Have mental capacity themselves
  • Not be bankrupt (for Property and Financial Affairs LPA)

Common choices include:

  • Spouse or civil partner - Usually the first choice for most people
  • Adult children - Often appointed alongside or instead of a spouse
  • Siblings - Particularly if you're unmarried
  • Trusted friends - If family isn't suitable
  • Professional attorneys - Solicitors can act, usually for a fee

Multiple Attorneys

You can appoint more than one attorney. If you do, you must decide how they work:

Jointly: All attorneys must agree on every decision. This provides protection but can cause delays or problems if they disagree or one becomes unavailable.

Jointly and severally: Each attorney can act independently. This is more practical for day-to-day decisions but requires trust in all attorneys.

Jointly for some decisions, jointly and severally for others: You can specify that major decisions (like selling your home) require everyone to agree, while routine matters can be handled by any attorney.

Replacement Attorneys

Always appoint replacement attorneys. If your primary attorney dies, loses capacity, or becomes unable to act, a replacement can step in without you needing to create a new LPA.

The Registration Process {#registration}

An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. An unregistered LPA has no legal effect.

LPA Costs Breakdown {#costs}

Official Registration Fee

The only mandatory cost is the OPG registration fee:

  • £82 per LPA (2026)
  • £164 for both types (Health & Welfare + Property & Financial)

Fee exemptions are available if you receive certain means-tested benefits. Fee reductions (50%) apply if your income is below a threshold.

Professional Costs (Optional)

If you use professional help to create your LPA:

What Affects the Price?

  • Complexity of your situation - Multiple attorneys, specific instructions, unusual circumstances
  • Geographic location - London solicitors typically charge more
  • Whether it's part of a package - Combined will and LPA deals can be cheaper
  • Solicitor vs specialist will writer - Solicitors are generally more expensive but may be needed for complex cases

How Long Does It Take? {#timeline}

Creating the LPA

  • DIY online: 1-2 hours to complete the forms
  • With professional help: 1-2 appointments plus processing time
  • Getting signatures: Can be done in one sitting if everyone is available

Registration Time

The OPG currently processes LPA registrations in:

  • 8-10 weeks for straightforward applications
  • Longer if there are errors in the forms or objections raised

Important: You cannot use the LPA until it's registered and returned to you. Don't wait until it's needed.

Common Myths About LPAs {#myths}

Myth 1: "My spouse can automatically make decisions for me"

Reality: Marriage gives no automatic legal authority over your spouse's finances or medical decisions. Without an LPA, your husband or wife cannot access your sole bank accounts, sell your jointly-owned property, or consent to your medical treatment.

Myth 2: "I'm too young to need an LPA"

Reality: Accidents, strokes, and sudden illness can happen at any age. In fact, if you have children, a mortgage, or any financial responsibilities, an LPA is even more important. Your family will struggle to manage if you suddenly can't.

Myth 3: "Having an LPA means I lose control"

Reality: You remain in control as long as you have capacity. A Health and Welfare LPA cannot be used at all while you can make your own decisions. A Property and Financial LPA can be set up so it only activates when you lose capacity.

Myth 4: "My attorneys can do whatever they want"

Reality: Attorneys have strict legal duties. They must act in your best interests, follow any instructions you've set out, not take advantage of their position, and keep your money and property separate from their own. They can be held legally accountable if they breach these duties.

Myth 5: "An LPA is only for old people"

Reality: Capacity can be lost at any age. Parents with young children, homeowners with mortgages, and anyone who would leave family struggling if incapacitated should have LPAs in place.

LPA vs Ordinary Power of Attorney {#lpa-vs-ordinary}

These two documents sound similar but serve very different purposes.

An ordinary power of attorney is useful for practical matters when you have capacity but aren't available. For example, you might grant one to a solicitor to complete a house sale while you're overseas.

But when you need protection for potential future incapacity, only a Lasting Power of Attorney will do.

What If You Don't Have One? {#without-lpa}

If you lose mental capacity without an LPA in place, your family must apply to the Court of Protection for a "deputyship order."

The Court of Protection Route

Cost: £371 application fee plus solicitor fees (often £1,000-3,000+)

Time: 4-6 months minimum, often longer

Ongoing requirements: Deputies must submit annual reports to the OPG and pay supervision fees

Who the court appoints: Usually a family member, but the court decides. They may appoint a professional deputy, especially if family members disagree.

The Practical Impact

While the court application is pending:

  • Bank accounts may be frozen or inaccessible
  • Bills go unpaid
  • Property cannot be sold
  • Care decisions are made by professionals without family input
  • Benefits and pensions may be disrupted

For families already dealing with the emotional stress of a loved one's incapacity, this administrative and financial burden is devastating.

The Cost Comparison

LPACourt of Protection Deputyship
Setup cost£82 per LPA£371 + £1,000-3,000+ legal fees
Time to set up8-10 weeks4-6+ months
Ongoing costsNoneAnnual supervision fees (£320/year)
You choose who actsYesCourt decides
Stress levelLow (done while healthy)Extremely high (done during crisis)

Frequently Asked Questions {#faq}

Key Takeaways

  • An LPA protects you and your family by ensuring trusted people can act if you lose capacity
  • There are two types - Property & Financial and Health & Welfare - and you likely need both
  • You must set one up while you have capacity - waiting until you need it means waiting too late
  • Registration costs £82 per LPA and takes 8-10 weeks through the OPG
  • Without an LPA, families face the Court of Protection - expensive, slow, and stressful
  • You choose your attorneys - your spouse, children, or trusted friends

Next Steps {#next-steps}

Related Guides:

Last updated: January 2026. This guide is for informational purposes only and does not constitute legal or financial advice. Laws and figures are specific to England and Wales unless otherwise stated. For Scottish LPAs (called Continuing and Welfare Powers of Attorney) and Northern Ireland (Enduring Power of Attorney), different rules apply.

Last updated: 11 January 2026