Last updated: February 2026.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document, registered with the Office of the Public Guardian (OPG) in England and Wales, that lets you appoint one or more people (your attorneys) to make decisions on your behalf if you become unable to make them yourself.
It replaced the older Enduring Power of Attorney in 2007. Scotland and Northern Ireland have similar but separately-named arrangements.
The two types of LPA
| Type | What it covers | When it can be used |
|---|---|---|
| Property and Financial Affairs | Bank accounts, bills, property sales, investments, tax, benefits, business interests | From registration (if you consent) OR only on loss of capacity |
| Health and Welfare | Medical treatment, where you live, care arrangements, day-to-day welfare, life-sustaining treatment | Only after you lose mental capacity |
You can create one or both. Most people who set up LPAs create both, they cover different decisions and there's significant overlap in the rationale.
What happens if I lose capacity without an LPA?
Without an LPA in place, no one, not even your spouse, automatically has legal authority to manage your affairs. Bank accounts get frozen. Decisions about your care default to professionals and family by negotiation. To get any decision-making power, your family has to apply to the Court of Protection for a Deputyship Order.
The Court of Protection process:
- Takes 6–12 months on average
- Application fees and ongoing supervision costs run into hundreds of pounds, often more for complex estates
- Requires annual reports on how you've used the deputyship powers
- Restricts certain decisions, e.g. some financial gifting requires separate court approval
- Adds significant stress to families during what is usually an already-difficult time
An LPA, set up in advance for around £82–£500 per type, avoids all of this.
Why don't most people have one?
Three reasons dominate:
- The assumption it's a problem for old age. But the events that trigger loss of capacity, stroke, accident, dementia, serious illness, are not exclusively age-related. A 2024 Office for National Statistics analysis put the lifetime risk of a stroke at around 1 in 4 adults.
- Confusion with wills. A will only takes effect on death. An LPA takes effect during your life. They cover different things.
- Discomfort with the conversation. Asking someone to be your attorney requires acknowledging that something bad might happen to you. People avoid the conversation, and then years pass.
Who should you choose as an attorney?
An attorney should be someone who:
- You trust completely to act in your best interests
- Has the practical ability to handle the role, money management for the Property LPA, decision-making for the Health LPA
- Is likely to outlive you and remain capable themselves
- Lives close enough geographically to handle in-person matters when needed
Common choices: spouse, adult children, a trusted sibling, a long-standing close friend, or a professional (solicitor or accountant, they will charge for their time as attorney). Many people appoint two attorneys to act jointly and severally, that way either can act, and you have a back-up if one becomes unable to.
How to set up an LPA
Three ways, in increasing order of cost and support:
1. DIY through gov.uk
The Office of the Public Guardian provides forms and an online tool. Costs £82 per LPA. Works well for simple cases, one or two attorneys, no complex preferences. You'll need a 'certificate provider' (someone who confirms you understand the document) and witnesses.
2. Solicitor or specialist will-writer
Adds £200–£500 per LPA. Useful where there's complexity, multiple attorneys with specific instructions, business assets, blended families, or specific health-care preferences (e.g. on life-sustaining treatment).
3. As part of a wider estate plan
Many people set up LPAs alongside their will and broader estate planning. The cost is similar to standalone but the documents work together more coherently. See our guide to estate planning for everyone.
Common mistakes to avoid
- Not registering the LPA: the document only becomes valid once registered with the OPG (currently a 16–20 week process). Set up but unregistered LPAs cannot be used.
- Naming a single attorney with no replacement: if your attorney dies, becomes incapacitated, or wishes to step down, the LPA may become invalid. Always name at least one replacement attorney.
- Forgetting to tell people: attorneys can't act if they don't know they've been named. Tell them at the time. Give them a copy of the document.
- Not reviewing as life changes: divorce, the death of a chosen attorney, falling-out, or a major change in circumstances are all triggers to review your LPA. You can revoke and re-create at any time while you still have capacity.
What an LPA cannot do
Attorneys must act in your best interests, they cannot use your money for themselves, make significant gifts beyond standard exemptions without court approval, or override decisions you made before losing capacity (e.g. medical advance directives). An LPA is a duty of care, not a blank cheque.
Frequently asked questions
How much does an LPA cost?
The Office of the Public Guardian charges £82 per LPA to register (so £164 for both types). DIY using the gov.uk forms is possible; using a solicitor or specialist will add fees, typically £200–£500 per LPA depending on complexity. Means-tested fee remissions are available for people on low incomes.
Can my LPA attorney access my bank account immediately?
The Property and Financial Affairs LPA can be set up to operate as soon as it is registered (with your consent), or only when you lose capacity. The Health and Welfare LPA can only be used after you lose capacity.
Can I have more than one attorney?
Yes. You can appoint multiple attorneys to act 'jointly' (all decisions together), 'jointly and severally' (any one of them can act), or 'jointly for some decisions and severally for others'. Most people choose jointly and severally for flexibility.
What is the Court of Protection alternative?
If you lose capacity without an LPA, family or friends must apply to the Court of Protection for a Deputyship Order. This typically takes 6–12 months, costs several hundred pounds in application fees, requires annual reports and ongoing supervision, and offers much less flexibility than an LPA.
Can an LPA be revoked?
Yes, while you have mental capacity, you can revoke an LPA by sending a Deed of Revocation to the Office of the Public Guardian. You can also amend who acts as your attorney by revoking and creating a new LPA.