Lasting Power of Attorney: What It Is and Why You Need It

Most people put off arranging a Lasting Power of Attorney because it feels like something for "later". A stroke, a fall, or a sudden illness can leave anyone unable to manage their own finances or make decisions about their care, often without warning. If that happens and you have not set one up, your family cannot step in to help. They would need to apply to the Court of Protection, a process that can take months and cost far more than registering an LPA now. 💚

This guide explains what a Lasting Power of Attorney covers, how to set one up, and what happens if you do not have one in place.

1. What a Lasting Power of Attorney covers

A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone you trust, known as your attorney, to make decisions on your behalf if you are no longer able to make them yourself. There are two separate types, and most people benefit from having both.

A Health and Welfare LPA covers decisions about your daily routine, medical treatment, and where you live, including whether to move into a care home. A Property and Financial Affairs LPA covers your bank accounts, bills, investments, and property. With your permission, it can be used as soon as it is registered, even while you still have full capacity.

Simple action: Decide whether you need one LPA or both. Most people setting one up for the first time choose to register both types together.

2. Why setting one up now matters

An LPA can only be made while you have the mental capacity to understand what you are signing and what powers you are giving away. Once that capacity is lost, whether through dementia, a serious accident, or a stroke, it is too late to make one.

Without an LPA in place, your family cannot access your bank accounts, pay your bills, or make decisions about your care, even if you are married or they are your next of kin. Being a spouse or adult child does not give anyone automatic legal authority to act for you.

💡 Tip: Setting up an LPA does not hand over control straight away. Your attorney can only act within the limits you set, and a Property and Financial Affairs LPA only takes effect once it is registered, which you can delay using until the help is actually needed.

3. How to make an LPA

You can make an LPA online through the MyLPA service on GOV.UK, or by downloading and completing paper forms. The online service guides you through each section, saves your progress, and is generally quicker to complete than paper forms.

Whichever method you use, the final form needs several signatures: yours as the donor, your attorney or attorneys, at least one witness for each signature, and a certificate provider. The certificate provider confirms that you understand what you are agreeing to and that you are not being pressured into it. This can be someone who has known you well for at least two years, or a professional such as a GP or solicitor.

Example: A certificate provider could be a long-standing neighbour or friend, as long as they are not also acting as an attorney or witness.

4. Registering with the Office of the Public Guardian

Once the forms are signed, you need to register the LPA with the Office of the Public Guardian before it can be used. Registration costs £92 for each LPA, so £184 if you are registering both types. If your income is below £12,000 a year, you can apply for a 50% fee reduction using the form linked from the OPG fees page.

Before registering, anyone you listed as a person to notify must be sent a form telling them you are applying. They have three weeks to raise any concerns with the OPG before the registration goes ahead.

Registration usually takes 8 to 10 weeks if there are no mistakes on the form. A missing signature or date is the most common reason for delays, so it is worth checking each page carefully before sending it off.

Simple action: If you make a mistake on the form, the OPG may let you correct and resubmit it within three months for a reduced fee of £46, rather than starting again at full cost.

5. Choosing your attorney or attorneys

You can appoint one attorney or several. If you appoint more than one, you choose whether they must act jointly, agreeing on every decision together, or jointly and severally, meaning each can act independently.

Jointly and severally gives more flexibility day to day. Jointly means no single attorney can act without the others agreeing, which some people prefer for larger financial decisions. You can also mix the two, requiring agreement for major decisions while allowing either attorney to handle routine matters alone.

Your attorney does not need to be a solicitor. Many people choose a spouse, adult child, or close friend. What matters most is that you trust them completely and that they are comfortable taking on the responsibility.

6. What happens if you do not have an LPA

If you lose mental capacity without an LPA in place, your family cannot manage your affairs on your behalf. Instead, someone would need to apply to the Court of Protection to become your deputy, a court-appointed role similar to an attorney but requiring ongoing court supervision.

Deputyship applications typically take several months, cost considerably more than registering an LPA, and involve an annual supervision fee. While the application is pending, bills can go unpaid and decisions about care can stall.

💡 Tip: If a family member is already showing early signs of memory loss but can still understand documents when explained clearly, it is worth getting an LPA in place quickly. A letter from their GP confirming capacity at the time of signing can help if the LPA is ever challenged later.

Setting up a Lasting Power of Attorney is one of those tasks that feels easy to postpone, but the paperwork itself is straightforward once you start. Doing it now, while everyone involved is healthy and able to sign, means it is in place exactly when it is needed and not a moment too late. 💛

If you would like support working out where to start, our Assistance page can point you in the right direction. For more on planning ahead, explore the Una guides.