What Happens If You Only Have One Type of LPA?
Having just one LPA leaves a significant gap in your protection — here is what you could be missing.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
Your family can pay your care home fees but cannot choose which care home you go to. Or the reverse: they can choose your care home but cannot access your money to pay for it. This is the reality when you have only one type of LPA instead of both.
At a glance
- Having only one type of LPA leaves a significant gap — financial attorneys cannot make health decisions, and welfare attorneys cannot access bank accounts
- Both types cost £184 in total to register (£92 each), with fee reductions available for low incomes
- You can appoint different people for each type, matching their strengths to the role
- Without the missing LPA type, your family may need an expensive Court of Protection deputyship to fill the gap
There are two types of Lasting Power of Attorney in England and Wales: a Property and Financial Affairs LPA and a Health and Welfare LPA. Each covers a completely different area of your life, and having only one means there is a significant gap in your protection.
The Two Types of LPA Explained
Before exploring the consequences of having only one type, it is important to understand the difference between the two types of LPA:
- Property and Financial Affairs LPA — covers all financial and property-related matters, including managing bank accounts, paying bills, collecting income, selling or renting property, managing investments, and dealing with tax
- Health and Welfare LPA — covers personal welfare decisions, including where you live, your day-to-day care, medical treatment decisions, and — if you specifically authorise it — decisions about life-sustaining treatment
These two types of LPA are entirely separate legal documents. Having one does not grant any powers covered by the other. An attorney appointed under a Property and Financial Affairs LPA has absolutely no authority to make health or care decisions, and vice versa.
If You Only Have a Property and Financial Affairs LPA
A Property and Financial Affairs LPA is the more commonly created of the two types. Many people instinctively think of financial management when they think of a power of attorney, and so they create this type without considering the health and welfare side. However, if you lose mental capacity with only a financial LPA in place, the following gaps exist:
- No one can make medical decisions — your attorney cannot consent to or refuse medical treatment on your behalf. Doctors will make treatment decisions in what they consider to be your best interests, but they are not required to consult your family
- No one can choose where you live — if you need to move into a care home or sheltered accommodation, your attorney has no legal authority to make that decision. Social services and healthcare professionals will decide
- No one can manage your daily care — decisions about your diet, clothing, daily routine, social activities, and contact with others fall outside the scope of a financial LPA
- Life-sustaining treatment decisions are out of your family's hands — without a Health and Welfare LPA that specifically grants authority over life-sustaining treatment, these critical decisions will be made by medical professionals alone
In practice, this means your family can pay your care home bills but cannot choose which care home you go to. They can manage your savings but cannot influence the medical treatment you receive. This disconnect can be incredibly frustrating and distressing for families.
Key point: A Property and Financial Affairs LPA gives your attorney power over your money but no say whatsoever in your healthcare, living arrangements, or personal welfare.
If You Only Have a Health and Welfare LPA
Having only a Health and Welfare LPA is less common but equally problematic. While your attorney can make important decisions about your care and treatment, they are completely powerless when it comes to financial matters:
- No one can access your bank accounts — your attorney cannot withdraw money, transfer funds, or even check your balance. Bills may go unpaid, direct debits may bounce, and your finances may fall into disarray
- No one can pay your bills — mortgage payments, utility bills, council tax, insurance premiums, and other regular outgoings cannot be managed by your health and welfare attorney
- No one can sell or manage your property — if you need to sell your home to fund care, your health and welfare attorney has no authority to do so. A separate application to the Court of Protection would be needed
- No one can manage your investments or pensions — investment decisions, tax returns, and pension matters all require a Property and Financial Affairs LPA or a court-appointed deputy
- Funding your care becomes a problem — your attorney may choose the best care home for you, but they cannot actually pay for it from your funds
This creates an absurd situation where your attorney can decide where you should live and what care you should receive, but they cannot access your money to pay for it. Your family would need to apply to the Court of Protection for a financial deputyship — a process that typically costs over £1,000 and takes several months.
Real-World Consequences of Having Only One LPA
The practical impact of having only one type of LPA can be severe:
- Sandra has dementia and a Property and Financial Affairs LPA. Her son can pay her care home fees, but when the care home suggests a change in her medication, he has no legal standing to discuss it with the doctor or consent on her behalf
- Richard suffers a stroke and has only a Health and Welfare LPA. His wife can make decisions about his rehabilitation and care, but she cannot access his separate bank account to pay the household bills. Their mortgage falls into arrears while she applies for a financial deputyship
- An elderly couple each has a different type of LPA. When both develop dementia, their children discover that each parent has only half the coverage they need, requiring separate Court of Protection applications to fill the gaps
Key point: If you need to apply to the Court of Protection because of a missing LPA, it costs over £1,000 in fees alone, takes months, and involves ongoing supervision. An LPA costs just £92 to register and avoids all of this.
Why Both Types Are Recommended
The law provides two types of LPA because no single document can cover the full range of decisions that may need to be made if you lose capacity. Financial decisions and health decisions are fundamentally different in nature, involve different institutions, and require different expertise from your attorneys.
Having both types of LPA ensures that:
- Your finances are managed by someone you trust, keeping your bills paid, your home maintained, and your savings protected
- Your health and care decisions are made by someone who knows you, understands your values, and will advocate for your best interests
- There are no gaps that require expensive and time-consuming Court of Protection applications
- Your family is spared the stress and frustration of being unable to act on your behalf
You do not need to appoint the same person for both LPAs. Many people choose a financially astute family member for the Property and Financial Affairs LPA and a more caring, empathetic person for the Health and Welfare LPA. What matters is that both roles are filled by people you trust. For more guidance, see our full guide on whether you should create both types of LPA.
The Cost of Creating Both
Each LPA costs £92 to register with the Office of the Public Guardian, so creating both types costs £184 in total. Fee reductions or exemptions are available if you receive certain means-tested benefits or have an income below £12,000.
When you compare this to the cost of a single Court of Protection deputyship application — which can easily exceed £1,000 and involves ongoing annual fees — the value of creating both LPAs is clear. It is one of the most cost-effective legal steps you can take to protect your future. Learn more about the differences between the two types in our dedicated comparison guide.
Not sure which type of LPA you need? Our guided service helps you decide and create the right documents. See pricing.
Key Takeaways
- Each LPA type covers a different domain — Property & Financial Affairs covers money, bills, and property; Health & Welfare covers medical treatment, care, and living arrangements
- A financial attorney has zero welfare authority — they cannot consent to medical treatment, choose a care home, or make any personal welfare decision
- A welfare attorney cannot touch finances — they cannot access bank accounts, pay bills, or sell property even to fund the care they have chosen
- Court of Protection deputyship costs over £1,000 — this is the only route to fill the gap if the donor has already lost capacity
- Creating both LPAs at once is most efficient — the signing, witnessing, and registration process only needs to happen once
Helpful Answers on Having Only One Type of LPA
Can a Property and Financial Affairs attorney make medical decisions?
No. A Property and Financial Affairs LPA gives the attorney power over finances only. They have no legal authority to consent to or refuse medical treatment, choose where the donor lives, or make any health or care decisions. A separate Health and Welfare LPA is needed for those decisions.
How much does it cost to create both types of LPA?
Each LPA costs £92 to register with the OPG, so both types cost £184 in total. Fee reductions or exemptions are available for people on low incomes or receiving certain means-tested benefits. This is far less than the cost of a Court of Protection deputyship application.
Can I appoint different attorneys for each type of LPA?
Yes. Many people choose a financially capable person for the Property and Financial Affairs LPA and a more empathetic, caring person for the Health and Welfare LPA. The two LPAs are entirely separate documents, and you are free to appoint different attorneys for each.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Relevant government resources
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