Lasting Power of Attorney (LPA) in the UK – A Complete Guide
WHAT IS A LASTING POWER OF ATTORNEY?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or
more people you trust to make decisions on your behalf if you are unable to do so
yourself.
In England and Wales, an LPA must be registered with the Office of the Public Guardian
before it can be used. Depending on how it is set up, it may apply while you still have
mental capacity (with your consent) or only if you lose capacity.
An LPA is not just about later life. Many people put one in place as part of sensible
planning, helping to protect their independence and ensure their wishes are respected
if the unexpected happens.
WHY HAVING A LASTING POWER OF ATTORNEY MATTERS
An LPA gives you control and peace of mind. It ensures that:
- Decisions are made by people you choose
- Your family can act quickly if needed
- Your wishes are followed, not guessed
- Stress and uncertainty are reduced during difficult times
Mental capacity can be lost temporarily or permanently due to illness, injury, or an
accident. Having an LPA in place allows you to plan ahead rather than leaving decisions
to be made under pressure.
Without a Lasting Power of Attorney, your family may need to apply to the Court of
Protection to act on your behalf — a process that can be time-consuming, costly, and
emotionally difficult.
Thinking about putting an LPA in place, but not sure where to start?
Many people begin by simply understanding their options.
THE TWO TYPES OF LASTING POWER OF ATTORNEY
There are two types of Lasting Power of Attorney in England and Wales, each covering
different areas of decision-making.
1. Property and Financial Affairs LPA
A Property and Financial Affairs Lasting Power of Attorney allows your chosen attorney(s) to manage financial matters such as bank accounts, bills, pensions, and property. This type of LPA can be used with your permission while you still have mental capacity, or only if you lose capacity depending on how you choose to set it up.
2. Health and Welfare LPA
A Health and Welfare Lasting Power of Attorney covers decisions about medical treatment, care arrangements, and day-to-day wellbeing. This LPA can only be used if you lose mental capacity and may include decisions about life-sustaining treatment, depending on the choices you make when setting it up.
A Lasting Power of Attorney works alongside a Will. An LPA applies during your lifetime,
while a Will takes effect after death.
Not sure which LPA applies to your situation?
Some people need one, others choose both — it depends on personal circumstances.
WHO CAN MAKE A LASTING POWER OF ATTORNEY?
You can make a Lasting Power of Attorney if you are aged 18 or over and have mental capacity at the time of making it. Mental capacity means being able to understand the decisions you are making and the implications of those decisions. Capacity is assessed in line with the Mental Capacity Act. LPAs are suitable for people of all ages and circumstances and are often put in place following major life events or changes.
WHO CAN BE AN ATTORNEY?
An attorney is someone you trust to act in your best interests. This could be a partner, family member, or close friend. You can appoint one attorney or multiple attorneys, decide whether they act together or separately, and name replacement attorneys in case your first choice is unable to act when needed.
Choosing the right attorney is one of the most important decisions you will make when setting up an LPA.
One Attorney
Appoint a single trusted person.
Multiple Attorneys
Appoint several people to act together.
Replacement Attorneys
Choose backups in case your first choice cannot act.
Instructions & Preferences
Guide how decisions should be made.
Choosing the right attorney is one of the most important decisions you’ll make.
Taking time to think this through now can prevent difficulties later.
WHAT HAPPENS IF YOU DON’T HAVE AN LPA?
If you lose mental capacity without an LPA in place, your loved ones cannot automatically make decisions for you. In many cases, they may need to apply to the Court of Protection to become a deputy. Deputyship involves ongoing supervision, stricter controls, and additional costs compared to having an LPA.
HIGH-LEVEL LPA PROCESS
At a high level, putting an LPA in place involves the following steps:
• Decide which type of LPA you need
• Choose your attorney(s) and any replacements
• Complete the official LPA forms
• Sign and witness the documents correctly
• Register the LPA with the Office of the Public Guardian
An LPA cannot be used until it has been registered.
Once you understand the process,
the next step is simply putting it into place.
Many people find it easier than they expect when they have clear guidance.
COMMON QUESTIONS ABOUT LASTING POWER OF ATTORNEY
These are common and completely understandable questions. A Lasting Power of Attorney is an important step, and most people want to feel confident they understand how it works.
Do I lose control once I make a Lasting Power of Attorney?
No. Making an LPA does not mean you immediately give up control. A Property and
Financial Affairs LPA can only be used with your permission while you have capacity. A
Health and Welfare LPA can only be used if you lose mental capacity.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney (EPA) is an older form of power of attorney that was
replaced by LPAs in October 2007. New EPAs can no longer be created, but those made
before this date may still be valid if completed correctly. EPAs only cover property and
financial affairs and do not apply to health or welfare decisions.
What is the difference between an LPA and a Will?
A Lasting Power of Attorney applies during your lifetime and allows decisions to be
made if you lose capacity. A Will takes effect after death and deals with how your estate
is distributed. Many people have both, as they serve different purposes.
Do I need a solicitor to set up an LPA?
Not always. Some people complete LPAs themselves, particularly in straightforward
situations. Professional guidance can be helpful where circumstances are more
complex or where reassurance is needed.
How long does it take to register an LPA?
The Office of the Public Guardian usually takes around 12–20 weeks to register an LPA.
Delays can occur if forms contain errors or objections are raised.
Can I change or cancel an LPA later?
Yes. As long as you still have mental capacity, you can change your attorneys, update
instructions, or cancel an LPA at any time.
Is an LPA necessary if I already have a Will?
Yes. A Will does not allow anyone to make decisions for you while you are alive. An LPA
covers decision-making during your lifetime, while a Will only applies after death.
Planning Ahead Starts With Understanding
These are common concerns, and they’re completely normal. We address these questions in more detail across our LPA guides and resources.
Ready to take the next step with your LPA?
Support and guidance will be available when you’re ready.
