Lasting Power of Attorney

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you (the "donor") to give one or more people you trust (your "attorneys") the authority to make decisions on your behalf if you become unable to make them yourself. It is a cornerstone of sensible planning for the future, sitting alongside a will as one of the two documents almost every adult in England and Wales should have. Where a will deals with what happens after you die, an LPA deals with what happens while you are still alive but unable to manage your own affairs — through illness, an accident, a stroke, dementia or another loss of mental capacity.

It is a common and costly misconception that a spouse, civil partner or adult child can automatically step in to handle your bank accounts, pay your bills or make decisions about your medical care. They cannot. Without a registered LPA, your loved ones may be locked out of your finances and excluded from important healthcare conversations — even after a lifetime together. To regain control, they would have to apply to the Court of Protection for a deputyship order, a process that is slower, more expensive and far more intrusive than putting an LPA in place while you are well. Our guide on what a Lasting Power of Attorney is explains the foundations in full.

The two types of LPA

There are two separate types of LPA in England and Wales, and they cover different areas of your life. Most people choose to set up both.

• Property and Financial Affairs LPA — this covers decisions about money and property: managing bank accounts, paying bills, collecting income and pensions, and buying or selling property. Importantly, it can be used as soon as it is registered (with your permission) — so it can help even before you lose capacity. Our Property and Financial Affairs LPA guide walks through how it works.
• Health and Welfare LPA — this covers decisions about your medical care, where you live, day-to-day routine and, if you choose, life-sustaining treatment. Crucially, this type can only be used once you have lost the capacity to make a particular decision yourself. The Health and Welfare LPA guide covers these decisions in detail.

You can appoint the same attorneys for both, or different attorneys for different roles — for example, a financially confident sibling for money matters and a spouse for health decisions. If that flexibility appeals to you, read whether you can have different attorneys for different things.

Who needs an LPA?

The honest answer is: almost every adult. Loss of capacity is not only a concern for the elderly — a serious accident or sudden illness can affect anyone at any age. An LPA is best thought of as an insurance policy you hope never to use. It is particularly important if you own a home, run a business, hold savings or investments, or simply want to spare your family the stress and expense of a Court of Protection application during an already difficult time.

Couples often assume their affairs are already shared, but joint accounts can be frozen and a healthy spouse has no automatic right to make decisions for the other. Our guide on LPAs for couples explains why both partners should usually have their own pair of LPAs. And if you are worried about an ageing parent, it can be hard to know how to raise the subject — our guide on how to talk to your parents about power of attorney offers a gentle, practical approach.

The process: how an LPA is set up and registered

Creating an LPA involves several steps: choosing your attorneys and any replacements, deciding whether they act jointly or "jointly and severally", adding any instructions or preferences, and arranging for a "certificate provider" to confirm you understand the document and are not under pressure. The completed forms must then be registered with the Office of the Public Guardian (OPG) before they can be used. Registration is not instant — it typically takes a number of weeks — which is exactly why you should not leave it until a crisis hits. Our step-by-step guide to setting up an LPA takes you through the whole process.

Timing matters in two ways: the document must be made while you still have capacity, and registering promptly means it is ready the moment it is needed. See when you should register an LPA for guidance on getting the timing right. A frequent and painful question we hear is whether it is already too late — once someone has lost capacity, they can no longer make an LPA, and the family is left with deputyship instead. If this is your situation, read our guide on whether it is too late to get power of attorney for your mum.

LPA vs deputyship

If no LPA exists and capacity has been lost, the only route is a deputyship order from the Court of Protection. Deputyship is more expensive, involves ongoing supervision and annual reporting, and gives the family far less choice over who is appointed. The contrast is stark, and understanding it is the best argument for acting early — our guide comparing LPA vs deputyship sets out the differences clearly.

How much does an LPA cost?

The OPG charges a registration fee of £92 per LPA. As there are two types, registering both for one person costs £184, and a couple registering all four would pay £368 in fees. A reduction or exemption may be available if you are on a low income or certain benefits. On top of the OPG fee, you may choose to pay a professional to draft the documents correctly — and this is where costs vary widely. Our guides on how much an LPA costs in 2026, how much power of attorney costs and LPA costs across the UK break down the fees so there are no surprises.

What attorneys can — and cannot — do

Attorneys hold significant power, but it is not unlimited. They must always act in your best interests, follow the principles of the Mental Capacity Act, keep your money separate from their own, and respect any instructions you have written into the document. They cannot rewrite your will, make excessive gifts, or use your assets for their own benefit. Our guide on what an attorney can and cannot do sets out these duties and limits.

Because the role carries real responsibility, safeguards exist. If an attorney behaves improperly, they can be reported to the OPG and, in serious cases, removed. If you are concerned about misuse, read what to do if an attorney abuses their power. And if circumstances change — a relationship breaks down, or you simply change your mind while you still have capacity — you can replace or cancel the arrangement, as explained in our guide on how to challenge or revoke a power of attorney.

Common mistakes to avoid

• Leaving it too late. An LPA can only be made while you have capacity. Once it is lost, the chance is gone.
• Only doing one type. Many people set up a financial LPA and forget health and welfare — or vice versa. The two cover entirely different decisions.
• Choosing the wrong attorneys. Pick people who are trustworthy, capable and willing to act, and consider naming replacements in case an attorney is unable to serve.
• Errors on the forms. Small mistakes can cause the OPG to reject an application, costing weeks of delay. Professional help reduces this risk.
• Forgetting to register. An unregistered LPA cannot be used. Registering early means it is ready when needed.

How Ask an Estate Planner helps

Getting an LPA right matters, and the cost of professional help should not be a mystery. Ask an Estate Planner is a free and independent comparison service that lets you compare fixed-price quotes from BCEP-trained estate planners covering your area. Instead of guessing at fees or worrying about hidden charges, you can see clear, fixed prices upfront and choose a qualified professional you feel comfortable with. We do not sell the documents ourselves and we are not tied to any provider — our role is simply to help you find the right person to put your LPAs in place properly, the first time. Start by reading the guides above, then compare planners when you are ready to act.