What Does an LPA Allow Someone to Do?
A complete breakdown of the powers an attorney can exercise under a Lasting Power of Attorney in England & Wales.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
"So what can my attorney actually do?" This is one of the most common questions people ask when considering a Lasting Power of Attorney. The answer depends on which type of LPA you create and whether you include any specific restrictions or preferences. An LPA gives a trusted person the authority to make decisions on your behalf, but the scope of those powers varies considerably. This guide explains exactly what is and is not covered under both types of LPA.
At a glance
- A Property and Financial Affairs LPA allows an attorney to manage bank accounts, pay bills, sell property, handle tax, and manage investments on the donor's behalf
- A Health and Welfare LPA allows decisions about medical treatment, daily care, where the donor lives, and (if specified) life-sustaining treatment
- The donor can include legally binding restrictions and non-binding preferences to control how the attorney uses their powers
- An attorney cannot make a will, vote, or make decisions the donor still has capacity to make themselves
The Two Types of LPA
In England and Wales, there are two distinct types of Lasting Power of Attorney, each covering a different area of decision-making. You can choose to create one or both, depending on your needs.
A Property and Financial Affairs LPA covers decisions about your money, property, and financial matters. A Health and Welfare LPA covers decisions about your medical treatment, daily care, and personal welfare. Each type grants a different set of powers, and it is important to understand what falls under each category before making your LPA.
You can learn about each type in detail in our guides to Property and Financial Affairs LPAs and Health and Welfare LPAs.
What a Property and Financial Affairs LPA Allows
A Property and Financial Affairs LPA gives your attorney broad powers to manage your financial life. Once registered with the Office of the Public Guardian (OPG), your attorney can carry out a wide range of financial tasks on your behalf. These include:
- Managing bank accounts — accessing your accounts, making payments, transferring funds, and dealing with your bank or building society
- Paying bills and expenses — settling household bills, council tax, insurance premiums, and other regular outgoings
- Collecting income — receiving your pension, benefits, rental income, or salary on your behalf
- Buying and selling property — handling the sale or purchase of your home or other real estate, including signing contracts and dealing with solicitors
- Managing investments — overseeing shares, ISAs, premium bonds, and other investments, including making new investments where appropriate
- Dealing with tax affairs — completing tax returns, liaising with HMRC, and managing your tax obligations
- Managing business interests — running or overseeing a business you own, if the LPA permits this
- Claiming benefits — applying for and managing welfare benefits, attendance allowance, or other entitlements
Key point: A Property and Financial Affairs LPA can be used while you still have mental capacity, provided you give your consent. This makes it useful for practical situations such as when you are travelling abroad or recovering from surgery.
What a Health and Welfare LPA Allows
A Health and Welfare LPA gives your attorney authority to make decisions about your personal care and medical treatment. Unlike the financial LPA, this type can only be used when you lack the mental capacity to make a particular decision yourself. The powers it grants include:
- Daily care decisions — what you eat, what you wear, your daily routine, and how your personal care is managed
- Medical treatment — consenting to or refusing medical treatment, choosing between treatment options, and discussing your care with healthcare professionals
- Where you live — deciding whether you stay in your own home, move to a care home, or receive care in a different setting
- Care home decisions — choosing which care home you move to, and the standard and type of care you receive
- Social care and support — arranging home care, day care, or community services
- Life-sustaining treatment — if you specifically grant this power, your attorney can consent to or refuse life-sustaining treatment on your behalf
The question of life-sustaining treatment is particularly important. When making your Health and Welfare LPA, you will be asked whether you want your attorney to have the authority to make decisions about life-sustaining treatment. This is entirely your choice, and you should discuss it carefully with your attorney before making your LPA.
Restrictions and Preferences You Can Include
If you are worried about giving someone too much power, there is good news: an LPA does not have to be open-ended. When creating your LPA, you can include specific instructions that shape how your attorney uses their powers. These come in two forms:
Preferences
Preferences are guidance your attorney should follow where possible, but they are not legally binding. For example, you might express a preference for a particular care home, or state that you would like to be consulted on all major decisions for as long as you are able to participate.
Restrictions
Restrictions are legally binding conditions your attorney must follow. For example, you might restrict your attorney from selling your home without the agreement of a named family member, or limit the amount they can spend without seeking a second opinion.
Carefully considered restrictions and preferences help ensure your attorney acts in a way that truly reflects your wishes. For more information on what your attorney must and must not do, see our guide to the duties of an attorney.
What an LPA Attorney Cannot Do
An LPA grants significant authority, but there are clear legal limits. Understanding these boundaries is just as important as knowing the powers themselves. Our detailed guide on what attorneys are not allowed to do covers this in depth, but the key restrictions are:
- An attorney cannot make a will on your behalf or change an existing will
- An attorney cannot vote in elections on your behalf
- An attorney cannot make decisions you are still capable of making yourself — the LPA only applies to decisions you lack the capacity to make (for Health and Welfare LPAs)
- An attorney must act in your best interests at all times, not their own
- An attorney cannot delegate their authority to someone else unless the LPA specifically allows it
- An attorney cannot make gifts from your estate beyond what is reasonable and customary (such as birthday or Christmas gifts of modest value)
If an attorney acts outside the scope of their powers or fails to act in your best interests, they can be investigated by the Office of the Public Guardian and potentially removed by the Court of Protection.
When Can an Attorney Start Using LPA Powers?
The timing of when an attorney can start using their powers differs between the two types of LPA. For a Property and Financial Affairs LPA, the attorney can use their powers as soon as the LPA is registered with the OPG — provided you have given your consent. This is true even if you still have full mental capacity. Many people find this useful for day-to-day convenience, such as having a trusted family member help manage their finances.
For a Health and Welfare LPA, the powers can only be used when you lack the mental capacity to make the specific decision in question. Your attorney cannot step in and make health decisions while you are perfectly capable of making them yourself.
In both cases, the LPA must be registered with the Office of the Public Guardian before it can be used. Registration can take several weeks, so it is wise to set up and register your LPA well in advance of any need. To understand what happens if you do not have an LPA when you need one, read our guide on what happens without an LPA.
Key point: An LPA is not a one-size-fits-all document. By choosing the right type, selecting a trustworthy attorney, and adding appropriate restrictions and preferences, you create a powerful safeguard that is tailored to your specific circumstances and wishes.
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Key Takeaways
- Two types serve different purposes — a Property and Financial Affairs LPA covers money and assets; a Health and Welfare LPA covers medical and care decisions
- Financial LPA works immediately — once registered, a Property and Financial Affairs LPA can be used with the donor's consent, even while they still have capacity
- Health LPA requires loss of capacity — a Health and Welfare LPA can only be used when the donor lacks capacity for the specific decision in question
- You can set boundaries — legally binding restrictions let you control exactly what your attorney can and cannot do, such as preventing the sale of your home
- Register before you need it — registration takes several weeks, so set up your LPA well in advance of any need
What You Need to Know
Can an LPA attorney make decisions while the donor still has mental capacity?
It depends on the type. A Property and Financial Affairs LPA can be used as soon as it is registered, even while the donor has capacity, with their consent. A Health and Welfare LPA can only be used when the donor lacks capacity for the specific decision in question.
Can I restrict what my attorney is allowed to do?
Yes, you can include legally binding restrictions in your LPA. For example, you could prevent your attorney from selling your home or limit how much they can spend without a second opinion. You can also add non-binding preferences to guide their decisions.
Does an LPA let my attorney make a will on my behalf?
No, an attorney can never make, change, or revoke a will on your behalf. This applies to both types of LPA. If a will is needed for someone who lacks capacity, an application must be made to the Court of Protection for a statutory will.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Further reading from GOV.UK
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