What it does
A lasting power of attorney (LPA) is a legal document that authorises someone you choose, called your attorney, to make decisions on your behalf if you can no longer make them yourself. Illness, an accident, a stroke, dementia. Any of these can take away your ability to manage your own affairs, sometimes overnight.
An LPA is not the same as a will. A will only takes effect after you die. An LPA works while you are alive, and it stops the moment you die. The two documents cover different halves of the same problem, which is why they are so often made together.
The two types
There are two separate LPAs, made on two separate forms.
The property and financial affairs LPA covers money: bank accounts, bills, pensions, benefits, and selling your home if that ever becomes necessary. You can allow your attorneys to help as soon as it is registered, always with your consent while you still have capacity, or restrict it to only apply once capacity is lost.
The health and welfare LPA covers care and medical decisions: where you live, your daily routine, medical treatment, and, if you choose to give your attorneys that power, decisions about life-sustaining treatment. This one can only ever be used once you cannot decide for yourself.
Most people make both at the same time, because the two types answer different questions and having one without the other leaves a gap. Our guide on whether you need both types goes through this properly.
What happens without one
If you lose capacity with no LPA in place, your family cannot simply step in. Not even your husband or wife. Someone has to apply to the Court of Protection to be appointed your deputy, which takes months, costs far more than an LPA, and puts the court, not you, in charge of who is chosen. We cover this in does my spouse automatically have power of attorney.
An LPA can only be made while you still have mental capacity. That is the catch, and it is why the right time to make one is when you do not yet need it.
Registration
An LPA must be registered with the Office of the Public Guardian before it can be used. Registration costs £92 per LPA, paid to the government, and typically takes eight to ten weeks. If your income is £12,000 or less you may pay half, and some means-tested benefits remove the fee entirely.
With PureWill
You can set up both LPAs online with us for £129. One set of questions fills in both official forms, and you get a personalised signing walkthrough so the paperwork goes through the OPG first time. If you have not sorted your will yet, that is the other half.
Set up both lasting powers of attorney online for £129. One set of questions, with a signing plan.
Set up my LPA →
Is your situation complex? Blended family, overseas property, business interests, or trusts? Please find a qualified solicitor. PureWill is for straightforward estates only.