An LPA lets you choose trusted people, called attorneys, to make decisions for you if you become unable to make them yourself. Making LPAs while you have mental capacity protects you and spares your family a stressful, expensive Court of Protection application later.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people you trust, called attorneys, to make decisions on your behalf if you cannot make them yourself. That might be because of an accident, a stroke, dementia or a serious illness. It might also simply be because you are abroad or in hospital and need someone to handle your finances for a while.
You can only make an LPA while you still have mental capacity. That is why it is so important to put one in place early, while you are well, rather than waiting until it is needed. LPAs are governed by the Mental Capacity Act 2005 and are registered with the Office of the Public Guardian (OPG).
The two types of LPA
Property & Financial Affairs
Lets attorneys manage bank accounts, pay bills, collect pensions and benefits, deal with tax and buy or sell property. With your permission it can be used as soon as it is registered, even while you still have capacity.
Start my LPAHealth & Welfare
Lets attorneys make decisions about medical treatment, care, daily routine and where you live. It can only be used once you have lost capacity, and you can choose whether it covers life-sustaining treatment.
Start my LPAMost people benefit from having both. Each covers a very different part of life, and having one does not give your attorneys authority over the other.
What happens without an LPA?
Many people assume their spouse, partner or children can simply step in if they become unwell. In England & Wales this is not the case. Without an LPA:
- Banks can freeze accounts in your sole name, and even your spouse cannot access them.
- Your family cannot sell your home to pay for care, or manage your investments or pension.
- Doctors and care providers will make health decisions, and your family may not have the final say.
- Your loved ones may need to apply to the Court of Protection to be appointed as your deputy.
The cost of waiting: a Court of Protection deputyship application is slower, more expensive and more restrictive than an LPA, often taking many months and involving ongoing annual supervision fees and reporting. An LPA put in place today avoids all of this.
Key roles and choices in your LPA
- Donor: you, the person making the LPA.
- Attorneys: the people you appoint. They must be 18 or over and must always act in your best interests.
- Replacement attorneys: back-ups who can step in if an attorney can no longer act.
- How attorneys act: jointly (all must agree on every decision), jointly and severally (together or independently, the most flexible option) or jointly for some decisions and jointly and severally for others.
- Certificate provider: an independent person who confirms you understand the LPA and are not being pressured into making it.
- People to notify: optional people who are told when the LPA is registered, giving an extra layer of protection.
- Preferences and instructions: guidance your attorneys should consider, and binding rules they must follow.
Choosing the right attorneys and the right way for them to act is one of the most important parts of the process. Instructions that are worded badly can make an LPA unworkable, which is why our team checks every application before it is submitted.
Choosing the right attorneys
Your attorneys will have significant authority, so choose people you trust completely, who know you well and who are organised enough to manage your affairs. Many people choose a spouse, partner, adult child or close friend. Think about their age and health, where they live, and how well they get on with each other if you appoint more than one.
It is usually sensible to appoint at least two attorneys, or one attorney plus a replacement, so your LPA does not fail if someone dies or becomes unable to act. You can appoint different people for each type of LPA: for example, a financially minded child for your Property & Financial Affairs LPA and a child who lives nearby for your Health & Welfare LPA. Talk to the people you have in mind before you appoint them, so they understand your wishes and are willing to take on the role.
Registration and government fees
An LPA must be registered with the Office of the Public Guardian before it can be used. The OPG charges a registration fee of £92 per LPA, so £184 if you make both types. This government fee is paid directly to the OPG and is in addition to our service fee.
You may be eligible for a 50% reduction if your income is below the OPG threshold, or a full exemption if you receive certain means-tested benefits. We will help you check. Registration can take several weeks or months depending on OPG processing times, which is another good reason to act early.
| Item | Cost |
|---|---|
| Our LPA preparation service | From £500.00 per LPA |
| OPG registration fee (additional) | £92 per LPA |
| Reduced OPG fee (if eligible, additional) | £46 per LPA |
How we help
Our digital LPA journey collects your information securely and guides you through every section in plain English. We prepare your documents correctly, explain exactly how and in what order they need to be signed and witnessed, and support you through registration with the OPG. Where your situation is complex, such as business assets, concerns about a family member or specific medical wishes, we will refer you to a suitably qualified specialist.
LPAs work hand in hand with a will. Your will protects your family after you die; your LPAs protect you while you are alive. Book a free consultation and we can arrange both together.
Important: This page provides general information about the law in England & Wales only and is not legal, tax or financial advice. Rules, allowances and fees can change. Your circumstances are unique, so please book a consultation for guidance tailored to you. Complex matters are referred to suitably qualified specialists.