Understanding Lasting Power of Attorney (LPA) in the UK. A guide to Health & Welfare and Property & Financial Affairs LPAs
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint someone you trust (your attorney) to make decisions on your behalf if you become unable to do so in the future—either due to illness, accident, or loss of mental capacity.
There are two types of LPA in the UK:
1. Health and Welfare LPA
This allows your attorney to make decisions about:
- Medical treatment
- Your daily care (e.g. diet, routine, personal care)
- Where you live
- Life-sustaining treatment (if you explicitly allow this)
Note: This type of LPA only comes into effect if you lose mental capacity.
2. Property and Financial Affairs LPA
This allows your attorney to manage:
- Your bank accounts
- Paying bills and collecting benefits or pension
- Selling or managing your home or other property
You can choose for this LPA to take effect either immediately after registration, or only if you lose mental capacity.
What Happens If You Don’t Have an LPA and Lose Capacity?
If you lose the ability to make decisions and have not set up an LPA, your loved ones do not automatically have the legal authority to act on your behalf — even if they are your spouse, child, or “next of kin”. Instead, they would need to:
Apply to the Court of Protection
A friend, relative, or professional would have to apply to become your deputy through the Court of Protection. This process can be:
- Time-consuming – It can take several months.
- Expensive – Court fees, medical assessments, and legal support can add up.
- Unpredictable – The court decides who to appoint and may choose someone you wouldn’t have selected yourself.
There are also ongoing requirements for deputies, including:
- Filing annual reports
- Supervisory visits (for some cases)
- Renewing bonds or insurance
This situation can place a heavy burden on your family at an already difficult time.
In short: without an LPA, no one has automatic authority — and gaining it later can be slow, costly, and stressful.
Should You Appoint the Same Person for Both Types of LPA?
You can choose to appoint the same person or different people for Health & Welfare and Property & Financial Affairs LPAs.
Tip: If you choose the same person for both, make sure they are willing and capable of handling the responsibility.
| Benefits of choosing the same person: | Reasons to consider different people: |
|---|---|
| Simplicity – One trusted individual manages both areas | Different skill sets – Someone good with money may not be suited to make sensitive health decisions |
| Consistency – Decisions about your care and finances are aligned | Checks and balances – Splitting responsibilities can prevent misuse of power |
| Easier communication – Reduces the risk of disagreement between attorneys | Family dynamics – It may feel fairer or more practical to involve multiple trusted individuals |
You can also specify that some decisions must be made jointly (e.g. selling property), while others can be made severally.
How to Make a Lasting Power of Attorney
Creating an LPA involves a few key steps:
Step 1: Choose your attorney(s)
This could be:
- A family member
- A friend
- A professional (e.g. solicitor or accountant)
- More than one person, acting jointly, jointly and severally, or in a hybrid arrangement
Step 2: Fill in the LPA forms
You can complete the forms online or on paper:
- Visit: www.gov.uk/power-of-attorney
- Choose either or both types of LPA
- Add any instructions or preferences
Step 3: Sign and witness the forms
All parties involved must sign, including:
- The donor
- The attorney(s)
- A certificate provider — someone who confirms you understand what you’re doing and aren’t under pressure
Step 4: Register the LPA
The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. This takes up to 20 weeks.
Registration fee: £82 per LPA (reductions or exemptions available based on income/benefits)
Pros and Cons of Using a Solicitor
You don’t have to use a solicitor to make an LPA, but many people choose to for added reassurance.
| Pros of Using a Solicitor | Cons of using a solicitor |
|---|---|
| Avoid costly mistakes — Many DIY applications are rejected | Higher cost — Fees can range from £300 to £1,000+ per LPA |
| Tailored advice — A solicitor can help with complex family or financial situations | Not always necessary — Straightforward cases can often be handled using the official guidance and online tools |
| Peace of mind — Particularly helpful if there’s potential for family disputes |
When Does an LPA Become Active?
- Health and Welfare LPA: Only after you lose mental capacity
- Property and Financial Affairs LPA: Either:
- Immediately after registration (if you choose), or
- Only if you lose capacity, depending on your preference
Attorneys must always act in your best interests and follow the principles of the Mental Capacity Act 2005.
Final Thoughts
Making a Lasting Power of Attorney is one of the most important legal steps you can take to plan for the future. It ensures that if you can’t make decisions, someone you trust can — without delay, uncertainty, or legal complications.
Whether you appoint the same person or different people, or whether they act jointly or independently, the most important thing is to set up your LPAs while you still have capacity.
Taking control now gives peace of mind for later — for you, and for the people who care about you.