What Is a Lasting Power of Attorney?

What it does

A lasting power of attorney (LPA) is a legal document that authorises someone you choose — your attorney — to make decisions on your behalf if you can no longer make them yourself. It comes into effect when you have lost mental capacity, or (for the property and financial type) when you choose to activate it earlier.

An LPA is not the same as a will. A will deals with what happens to your estate after you die. An LPA deals with what happens to you and your affairs while you are alive but unable to make decisions.

The two types

There are two separate LPAs in England and Wales, each covering a different area.

A property and financial affairs LPA covers your bank accounts, investments, property, bills, and any other financial matters. Your attorney can pay your bills, manage your accounts, sell your property if necessary, and make financial decisions in your interest. You can choose to allow this to be used while you still have capacity — for example if you are abroad or physically unable to manage things — or restrict it to use only when you have lost capacity.

A health and welfare LPA covers decisions about your medical treatment, where you live, your day-to-day care, and end-of-life decisions if you choose to include them. This type can only be used once you have lost capacity. It does not cover financial matters.

You can make one, both, or neither. Most people who make an LPA make both.

Why it matters

Without an LPA, nobody has the legal authority to manage your affairs if you lose capacity — not even your spouse. Your family would need to apply to the Court of Protection for a deputyship order, which is a slow, expensive, and emotionally difficult process. It can take a year or more. In the meantime, your accounts may be frozen and your bills unpaid.

An LPA costs around £82 per document to register with the Office of the Public Guardian (OPG), plus any professional fees if you use a solicitor. A deputyship order through the Court of Protection costs considerably more and gives you less control over who is appointed.

When to make one

The only time you can make an LPA is while you have mental capacity. Once you have lost capacity, it is too late. Waiting until you feel you might need one is the wrong approach — by the time the need feels urgent, it may already be too late to act.

Most people make their LPA at the same time as making their will. The two documents work together: the will protects your estate after death, the LPA protects you and your affairs while you are alive.

Choosing an attorney

Your attorney must be over 18, have mental capacity themselves, and not be subject to a debt relief order or bankruptcy at the time of signing. Beyond those requirements, the choice is yours.

Most people choose a spouse or partner, an adult child, or a close friend. You can name more than one attorney, and you can specify whether they must act jointly (together, for every decision) or jointly and severally (either independently or together). You can also name a replacement attorney in case your first choice cannot act.

The choice matters. An attorney has significant legal power over your affairs. Choose someone you trust completely and who has the practical ability to take on the role.

Registering the LPA

An LPA must be registered with the Office of the Public Guardian before it can be used. Registration currently takes around ten to twenty weeks. It cannot be used in an emergency without registration — which is another reason to make and register it now, not when you think you might need it.

PureWill focuses on wills. For LPAs, the OPG's own online service (gov.uk) or a solicitor are the right places to start.