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Lasting Power of Attorney (LPA)

Definition

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted people to make decisions on your behalf if you become unable to do so yourself.

Understanding LPAs is essential for protecting your future, as they ensure your finances and healthcare wishes are managed by people you choose—not by strangers appointed by the court.

What Does Lasting Power of Attorney Mean?

Under the Mental Capacity Act 2005, a Lasting Power of Attorney gives legal authority to someone you trust (your "attorney") to make decisions for you if you lose mental capacity through illness, accident, or cognitive decline. You (the "donor") create the LPA while you still have capacity, and it must be registered with the Office of the Public Guardian to be legally valid. Only applicable in England and Wales, LPAs replaced Enduring Powers of Attorney in October 2007, though EPAs created before that date remain valid.

There are two types of LPA, each covering different aspects of your life. A Property and Financial Affairs LPA allows your attorney to manage your money, bank accounts, property, and investments. This type can be used immediately after registration if you consent, or only when you lose capacity—your choice. For example, Sarah, 52, had a stroke that left her hospitalised for three months. Her Property and Financial Affairs LPA allowed her brother to pay her £450,000 mortgage, manage her rental properties, and handle tax returns without court involvement.

A Health and Welfare LPA covers medical treatment, care decisions, and where you live. Unlike the financial LPA, it can only be used once you've lost mental capacity. David used his father Michael's Health and Welfare LPA to make decisions about care home placement and medical treatment when Michael's Alzheimer's progressed. The LPA specified that David could make life-sustaining treatment decisions, giving him legal authority to consent to treatment when Michael could no longer understand medical options.

Without an LPA, your family cannot automatically make decisions for you—even your spouse has no legal authority to access your bank accounts or make healthcare choices. They would need to apply to the Court of Protection for a deputyship order, which costs £400+ in court fees and takes 6-12 months. Emma, 34, learned this the hard way when a car accident left her in a coma. Her partner Tom couldn't access her bank account to pay their mortgage or speak to her employer about sick pay, creating financial stress during an already difficult time.

The crucial point: you can only make an LPA while you have mental capacity. Waiting until you "need" one means it's too late. LPAs aren't just for elderly people—accidents, strokes, or mental health crises can happen at any age. An LPA protects you while you're alive; your will protects your beneficiaries after death. You need both for comprehensive planning.

Common Questions

"Does a Lasting Power of Attorney replace my will?" No, an LPA and a will serve completely different purposes. An LPA allows someone to make decisions on your behalf while you're still alive but unable to decide for yourself. A will only takes effect after your death, distributing your estate to beneficiaries. You need both documents for comprehensive planning.

"Can I use my Lasting Power of Attorney as soon as it's registered?" It depends on the type. A Property and Financial Affairs LPA can be used immediately after registration if you consent, even while you still have mental capacity. A Health and Welfare LPA can only be used once you've lost the mental capacity to make health decisions yourself.

"How much does it cost to register a Lasting Power of Attorney?" It currently costs £82 to register each LPA with the Office of the Public Guardian (rising to £92 from 17 November 2025). Since there are two types of LPA, registering both costs £164 (rising to £184). Fee reductions and exemptions are available if you earn under £12,000 or receive certain benefits.

Common Misconceptions

Myth: If I make a will, my spouse or family can automatically manage my affairs if I become incapacitated.

Reality: A will only takes effect after you die—it gives your family no legal authority while you're alive. Without an LPA, even your spouse cannot access your bank accounts, sell your property, or make healthcare decisions on your behalf if you lose mental capacity. They would need to apply to the Court of Protection for a deputyship, which costs £400+ and takes 6-12 months.

Myth: Lasting Powers of Attorney are only for elderly people with dementia.

Reality: Anyone over 18 should consider an LPA. Accidents, strokes, mental health crises, or sudden illnesses can happen at any age. You can only make an LPA while you have mental capacity, so waiting until you "need" one means it's too late. Young people are often more vulnerable because they assume they're "too young" to need planning.

  • Donor: The person who creates the LPA and must be 18+ with mental capacity to do so.
  • Attorney: The person(s) appointed by the donor to make decisions when capacity is lost.
  • Health and Welfare LPA: The type of LPA covering medical treatment and care decisions, usable only after capacity is lost.
  • Property and Financial Affairs LPA: The type of LPA covering money and property management, usable immediately or upon capacity loss.
  • Certificate Provider: The required person who certifies the donor understands the LPA and isn't under pressure.
  • Court of Protection: The court that appoints deputies when someone loses capacity without an LPA, costing £400+ and taking 6-12 months.
  • Enduring Power of Attorney: The predecessor to LPAs, replaced in 2007 but still valid if created before October 2007.

Need Help with Your Will?

While LPAs protect you during your lifetime, your will ensures your wishes are carried out after death. Both documents are essential for comprehensive estate planning, giving you control over your future and protecting your loved ones.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.