What Is a Lasting Power of Attorney and Do You Need One?
Everything you need to know about LPAs in England and Wales — what they are, how they work, and how to set one up.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
A Lasting Power of Attorney (LPA) is one of the most important legal documents you can create — yet most adults in the UK don't have one. It lets you choose a trusted person to make decisions on your behalf if you ever lose the ability to make them yourself. Without one, your family could face months of delays, legal costs, and stress at the worst possible time.
At a glance
- A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you lose mental capacity.
- There are two types: Property & Financial Affairs, and Health & Welfare. You can create one or both.
- You must be 18 or over and have mental capacity to create an LPA. It must be registered with the Office of the Public Guardian (OPG) before it can be used.
- Registration costs £92 per LPA. Without an LPA, your family would need to apply for deputyship through the Court of Protection, costing over £1,000 and taking many months.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that gives someone you trust the authority to make decisions on your behalf. The person creating the LPA is called the donor. The person (or people) you appoint to act for you is called the attorney — this doesn't mean a lawyer, it simply means the person you've chosen.
LPAs are governed by the Mental Capacity Act 2005, which sets out the rules for how they are created, registered, and used. The Act establishes five key principles — the most important being that your attorney must always act in your best interests and take the least restrictive approach when making decisions for you. Despite this protection, the OPG's 2023–24 annual report shows that only around 6.4 million LPAs are currently registered in England and Wales — a fraction of the adult population.
You can only create an LPA while you still have mental capacity — meaning you understand what the document is, what authority it gives, and what the consequences are. If you wait until you've already lost capacity, it's too late.
Key point: An LPA lets you decide who looks after your affairs. Without one, a court decides for you — and the process is expensive, slow, and stressful for your family.
Types of Lasting Power of Attorney
There are two types of Lasting Power of Attorney in England and Wales. They cover different areas of your life, and you can choose to create one or both.
Property and Financial Affairs LPA
This gives your attorney the power to make decisions about your money and property, including:
- Managing bank accounts and savings
- Paying bills, mortgages, and debts
- Collecting benefits and pensions
- Buying and selling property
- Handling investments and tax affairs
This LPA can be used while you still have mental capacity, if you allow it in the document. Useful for practical situations like managing finances while you're abroad or recovering from surgery.
Health and Welfare LPA
This gives your attorney the power to make decisions about your health and personal care, including:
- Medical treatment and ongoing care
- Where you live and who you live with
- Your daily routine and diet
- Life-sustaining treatment decisions
- Social activities and community involvement
This LPA can only be used when you lack the mental capacity to make the specific decision in question.
Most people benefit from having both types. A Property and Financial Affairs LPA makes sure someone can pay your bills and manage your money. A Health and Welfare LPA makes sure someone you trust is making your medical and care decisions — not a stranger. Our guide on the difference between the two types of LPA goes into more detail.
Who Can Make a Lasting Power of Attorney?
Anyone aged 18 or over who has mental capacity can create a Lasting Power of Attorney. You don't need to be elderly or unwell. In fact, the best time to set one up is while you're fit and healthy, because you cannot create an LPA once you've lost mental capacity.
"Mental capacity" simply means you understand what an LPA is, the powers it gives your attorney, and the impact of creating one. A certificate provider — an independent person such as a GP, solicitor, or someone who has known you well for at least two years — must confirm that you understand the LPA and are not being pressured into making it.
Accidents, strokes, and sudden illness can happen at any age. According to NHS guidance on stroke, there are over 100,000 strokes in the UK each year, and a stroke can happen to anyone at any age. That's why an LPA isn't just for older people — it's for anyone who wants to make sure the right person is in charge if something unexpected happens. Our guide on who should consider making an LPA covers specific situations where it matters most.
What Does an Attorney Do?
Your attorney is the person you appoint to make decisions on your behalf. This is a serious responsibility, and the law sets out clear rules about how they must behave.
Under the Mental Capacity Act 2005, an attorney must:
- Always act in the donor's best interests
- Consider the donor's past and present wishes, feelings, and beliefs
- Take the least restrictive option available
- Keep their own finances completely separate from the donor's
- Keep records of any decisions they make on the donor's behalf
If you appoint more than one attorney, you'll need to decide how they work together. The three options are:
- Jointly — all attorneys must agree on every decision. This offers more protection but can be impractical if one attorney is unavailable.
- Jointly and severally — attorneys can make decisions together or independently. This is the most flexible and most common choice.
- Jointly for some decisions, severally for others — you can specify which decisions require agreement and which can be made individually.
Choosing the right attorney matters enormously. It should be someone you trust completely, who understands your values and wishes, and who is willing to take on the role. Our guide on the duties and responsibilities of an LPA attorney explains this in full.
How to Make a Lasting Power of Attorney
Creating an LPA involves several steps, but the process is straightforward. Here's what's involved:
- Choose your attorneys — decide who you want to make decisions for you, how many attorneys you want, and whether they should act jointly and severally or jointly only.
- Choose your certificate provider — this independent person will confirm you understand the LPA and are making it freely. They can be a professional (GP, solicitor) or someone who has known you personally for at least two years.
- Complete the LPA forms — fill in the required information about yourself (the donor), your attorneys, your certificate provider, and any specific preferences or instructions you want to include.
- Sign in the correct order — the LPA must be signed in a specific sequence: the donor signs first, then the certificate provider, then each attorney. Getting this wrong is one of the most common reasons LPAs are rejected.
- Register with the Office of the Public Guardian — send the completed, signed LPA to the OPG along with the registration fee. The LPA cannot be used until it is registered.
Tip: Many people choose to set up their LPA online to save time and avoid mistakes. Our simple online service guides you through each step, checks for errors, and prepares your documents ready for signing.
You do not need a solicitor to make a Lasting Power of Attorney. Thousands of people do it themselves each year using the government's online tool or a guided service. A solicitor may be worth considering if your situation is complex — for example, if you own a business, have overseas assets, or expect family disagreements. For most people, a professional online service provides everything needed at a fraction of the cost. Our guide on how to make an LPA in the UK walks through the full process.
How to Register an LPA with the Office of the Public Guardian
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. You can register at any time after signing — you do not need to wait until you lose capacity. In fact, registering early is strongly recommended because the process takes time.
Registration typically takes 8 to 10 weeks. During this period, the OPG checks the document, notifies anyone you've named to be told about the LPA, and allows a window for objections. Once processed, the OPG stamps and returns the document, and your LPA is legally valid from that point.
Our detailed guide on how to register an LPA with the OPG covers each step of the registration process, including what to do if your application is returned.
How Much Does a Lasting Power of Attorney Cost?
The Office of the Public Guardian charges £92 per LPA to register the document. If you create both types (Property & Financial Affairs and Health & Welfare), the total government fee is £184.
On top of the registration fee, you may choose to use a professional service to help prepare the documents:
- Do it yourself (government online tool) — free, but you're responsible for getting everything right
- Online LPA service — typically £79–£150, with guided forms, error checking, and support
- Solicitor — usually £300–£1,000 per LPA, sometimes more
If you're on a low income or receive certain means-tested benefits, you may qualify for a fee reduction or full exemption from the government registration fee. Our full LPA cost breakdown covers every option in detail.
Save time and money: Our online service helps you complete your LPA quickly and affordably, with step-by-step guidance and built-in error checks. See our pricing.
What Happens If You Don't Have a Lasting Power of Attorney?
If you lose mental capacity without an LPA in place, no one — not even your spouse, partner, or children — has the automatic legal right to make decisions about your finances, property, or healthcare.
Your family would need to apply to the Court of Protection for a deputyship order. This process:
- Typically costs over £1,000 in legal and court fees
- Takes several months to complete
- Involves ongoing annual supervision fees (the OPG charges deputies each year)
- Means the court decides who manages your affairs, not you
- Creates enormous stress for your family during an already difficult time
During those months, nobody can access your bank accounts, pay your mortgage, or make decisions about your medical care. Bills go unpaid, direct debits bounce, and your family is left unable to help. Our guide on what happens without an LPA covers the real-world consequences in detail.
Compare that to the cost and simplicity of creating an LPA now — £92 to register, a few hours of your time, and complete peace of mind. The difference between deputyship and an LPA is stark.
When Should You Set Up a Lasting Power of Attorney?
The honest answer is: as soon as possible. You can only make an LPA while you have mental capacity, and none of us knows when that might change. Strokes, accidents, dementia, and sudden illness don't send advance warning.
Certain life events make it especially important to get an LPA in place:
- Buying a home or taking on a mortgage — if something happens to you, someone needs to manage the property
- Getting married or starting a family — your partner needs legal authority to act, not just a relationship
- Starting or running a business — without an LPA, your business could be left in limbo
- Your children turning 18 — parents lose all legal decision-making authority once a child becomes an adult
- Retirement — as the risk of conditions like dementia increases, having an LPA already in place avoids a scramble later
- A parent or relative being diagnosed with a health condition — this is often the moment families realise they should have acted sooner
Don't put it off because you feel healthy. The whole point of an LPA is that you create it before you need it. Once you've lost mental capacity, the option is gone. Our guide on why you should set up an LPA before it's too late explains why early action matters.
Key Takeaways
- An LPA lets you choose who makes decisions for you — without one, a court decides, and the process costs over £1,000 and takes months.
- There are two types of LPA — Property & Financial Affairs (money, bills, property) and Health & Welfare (medical care, living arrangements). Most people create both.
- You must make an LPA while you still have mental capacity — once you've lost it, the option is gone. Strokes, accidents, and dementia can strike at any age.
- Registration costs £92 per LPA and takes 8–10 weeks through the Office of the Public Guardian. You don't need a solicitor.
- Your attorney must act in your best interests under the Mental Capacity Act 2005, follow your instructions, and keep their finances separate from yours.
Frequently Asked Questions About Lasting Power of Attorney
How long does it take to get a Lasting Power of Attorney?
It depends on how quickly you complete and sign the forms. The forms themselves can be done in a single sitting if you have your details ready. Once submitted to the Office of the Public Guardian, registration typically takes 8 to 10 weeks.
Can I have more than one attorney?
Yes, and many people do. You can appoint two or more attorneys and choose whether they act jointly (every decision together), jointly and severally (together or independently), or jointly for some decisions and severally for others.
Can I change or cancel my LPA?
Yes. As long as you still have mental capacity, you can cancel (revoke) your LPA at any time by completing a deed of revocation. If you want to make changes, you'll need to create a new LPA — the existing document cannot be amended once registered. Our guide on cancelling or changing an LPA covers the process.
Does a Lasting Power of Attorney expire?
No. A registered LPA remains valid indefinitely. There is no expiry date and no need to renew it. It only ends if you revoke it, your attorney dies or loses capacity, or the Court of Protection cancels it.
What is the difference between an LPA and a will?
A will only takes effect after you die and deals with who inherits your money and possessions. An LPA is used while you are alive — it allows a trusted person to make decisions on your behalf if you lose mental capacity. They serve completely different purposes, and ideally you should have both. Our guide on wills and LPAs explains how they work together.
Can my attorney make any decision they want?
No. Attorneys must always act in the donor's best interests and follow the principles of the Mental Capacity Act 2005. They cannot make decisions you are still capable of making yourself, and they must respect any preferences or instructions you include in the LPA document.
Do I need a solicitor to make a Lasting Power of Attorney?
No. There is no legal requirement to use a solicitor. Thousands of people create their own LPA every year using the government's online tool or a guided online service. A solicitor may be worth the cost if you own a business, have assets abroad, or expect family disagreements — but for most people with straightforward affairs, a professional online service provides everything you need at a fraction of the price.
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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