A lasting power of attorney (LPA) is a legal document that lets you choose someone you trust to make decisions on your behalf if you're ever unable to make them yourself. This might be because of an accident, an illness or because you lose mental capacity later in life. Once it's registered, your chosen attorney can step in and manage your property and financial affairs, or your health and welfare, depending on the type of LPA you've put in place.

Setting one up isn't something people tend to think about until they need it, by which point it can be too late. If you'd like to talk through your options, our wills and probate team is here to help. Call us on 0800 1380 458 or get in touch through our website.

What a lasting power of attorney means

The person making the LPA is known as the "donor". The person or people they appoint are their "attorneys". Together, these roles are what give the document its legal authority: the donor decides who they trust and the attorney takes on the responsibility of acting in the donor's best interests.

An LPA only comes into effect if the donor is unable to make a particular decision for themselves or, with the property and financial affairs LPA, if the donor gives their attorney permission to start using it. Until that point, the donor keeps full control over their own affairs. This is one of the reasons an LPA offers so much reassurance. It's a safeguard for the future, not a loss of independence now.

How many types of lasting power of attorney are there?

There are two types of lasting power of attorney and each one covers a different part of your life. Many people choose to set up both, since together they give complete cover for financial affairs and personal welfare.

Property and financial affairs LPA

A property and financial affairs LPA allows your attorney to manage money and property matters on your behalf. This can include paying bills, managing a bank account, collecting your pension or benefits and buying or selling property. Unlike a health and welfare LPA, this type can be used as soon as it's registered, with your permission, even while you still have mental capacity. That makes it useful if you'd like some support with your financial affairs or if you're going to be unavailable for a period of time.

Health and welfare LPA

A health and welfare LPA allows your attorney to make decisions about your medical treatment, care and daily routine if you're no longer able to. This can cover things like where you live, the type of medical care you receive and whether you'd want life sustaining treatment in certain circumstances. A health and welfare attorney can only act once you've lost the mental capacity to make these decisions yourself.

How a lasting power of attorney differs from an ordinary power of attorney

An ordinary power of attorney only remains valid while the donor has mental capacity. It's often used for a short period, such as when someone is abroad or in hospital and needs help managing their affairs temporarily. It automatically ends the moment the donor loses capacity, which is exactly when this kind of protection is needed most.

An LPA is different because it's designed to continue and, in the case of a health and welfare LPA, to begin once the donor lacks mental capacity. Before 2007, people used a similar document called an enduring power of attorney (EPA), but enduring powers of attorney were replaced by lasting powers of attorney that year. Any EPA made before then is still valid, but it only ever covered property and financial affairs, not health and welfare decisions.

Who can be an attorney?

Most people choose a family member, partner or close friend as their attorney, though anyone over 18 with the mental capacity to carry out the role can be appointed. Whoever you choose, they'll need to act within the authority the LPA gives them, follow the principles set out in the Mental Capacity Act 2005 and always act in your best interests. Attorneys can claim reasonable out of pocket expenses for carrying out their duties, but they're expected to keep accounts of what they spend.

You can appoint more than one attorney and you can decide how they should act. Attorneys can act jointly, meaning they must always agree and act together or jointly and severally, meaning they can each make decisions independently. You might also choose to appoint some attorneys for certain decisions only.

You'll also need a certificate provider when you set up your LPA. This is an independent person who confirms that you understand what you're signing and that you're making the decision of your own free will, without pressure from anyone else.

Why you might need a lasting power of attorney

Without an LPA in place, your family could face real difficulty if you're ever unable to manage your own affairs. Banks can freeze accounts and there's no automatic right for even a spouse or next of kin to step in and act for you. Family members would usually need to apply to the Court of Protection to be appointed as a deputy, which is a longer and more expensive process than setting up an LPA in advance.

Putting an LPA in place isn't just for older people either. Accidents and sudden illness can affect anyone, at any age, which is why many people choose to set one up well before they think they'll need it. Having the right attorneys in place means your present wishes are more likely to be followed and it can prevent your affairs from being frozen if your circumstances change unexpectedly.

The cost of registering a lasting power of attorney

Registering an LPA with the Office of the Public Guardian costs £92 per document. As most people set up both types, this usually comes to £184 in total. If you're on a low income, you may be entitled to a 50% discount on the registration fee and some people don't need to pay at all if they are in receipt of certain benefits. You can check whether you qualify and apply for a reduced fee via GOV.UK .

This is considerably cheaper than the alternative. A Court of Protection deputyship application currently costs £432 just for the court fee. This is before any hearing fee, security bond, annual supervision charges or legal fees are taken into account.

The process for a deputyship application usually takes far longer to resolve than setting up an LPA in advance. Creating an LPA while you still have capacity is a more straightforward and more affordable way to protect yourself and the people who'd otherwise have to step in.

How to set up a lasting power of attorney

You can apply for an LPA using the online service or paper LPA forms, both of which are available through the Office of the Public Guardian . You'll need to choose your attorneys, decide how they should act and arrange for a certificate provider to confirm you understand what you're agreeing to. Once the forms are complete and signed, they're sent off to be registered.

You can update or cancel your LPA at any time, as long as you still have the mental capacity to do so. It's worth reviewing your LPA every so often, particularly if your circumstances change or if the people you've chosen as attorneys are no longer suitable.

Do you need a solicitor for a lasting power of attorney?

You don't need a solicitor to set up a lasting power of attorney, and it's possible to complete the process yourself using the government's online service. That said, many people prefer some specialist advice, particularly if their family situation or finances are more complicated or if they'd simply like the reassurance that everything has been prepared correctly. A rejected application means paying the registration fee again and starting over, so getting it right the first time matters.

Our lasting power of attorney solicitors can guide you through the whole process, from deciding which type of LPA you need to choosing the right attorneys for your circumstances. We also help with related areas of wills and probate , including writing a will , setting up trusts , inheritance tax planning and care fee planning .

Get in touch

Putting a lasting power of attorney in place is one of the most useful things you can do to protect yourself and give your family peace of mind. If you'd like to talk through your options, our wills and probate team is ready to help.

Call us on 0800 1380 458 or get in touch through our website to arrange a free initial consultation.