A Lasting Power of Attorney is one of the cheapest, most powerful pieces of legal protection a UK adult can put in place — and one of the most often left until it is too late. Once a person loses mental capacity they cannot make an LPA, and families then face a slow, expensive Court of Protection deputyship instead. This guide explains both LPA types, how to register and why the right time is now.
A Lasting Power of Attorney is a legal document that lets you appoint one or more people (your attorneys) to make decisions on your behalf if you cannot make them yourself. The Mental Capacity Act 2005 governs LPAs in England and Wales; Scotland has Continuing and Welfare Powers of Attorney; Northern Ireland uses Enduring Powers of Attorney pending reform.
An LPA only takes effect once registered with the Office of the Public Guardian, which currently takes 16 to 20 weeks. You can register it well before any loss of capacity — most people do — and it then sits ready to use only when needed.
A Property and Financial Affairs LPA covers banking, paying bills, dealing with pensions and benefits, selling property and managing investments. With your written permission it can be used while you still have capacity, which is useful for people who travel often or have complex affairs.
A Health and Welfare LPA covers decisions about medical treatment, where you live, day-to-day care and life-sustaining treatment. It can only be used once you have lost capacity. Most people make both types, naming the same attorneys — but you can mix and match.
You can name one attorney or several. With multiple attorneys you choose whether they must act jointly (all decisions together), jointly and severally (any one can act alone), or jointly for some decisions and severally for others. Joint-and-several is most flexible but trusts each attorney completely.
Pick people you trust absolutely with your money and your wellbeing — not just family by default. Many people add a replacement attorney in case a primary attorney dies or becomes unable to act. Professional attorneys (solicitors, accountants) charge fees and are usually only needed for complex estates.
The OPG charges £82 per LPA to register, so £164 for both types. People on certain benefits or with low incomes can get the fee reduced or waived. You can complete the forms yourself on gov.uk for free; solicitors typically charge £200 to £600 per LPA on top of the OPG fee for advice and witnessing.
The forms must be signed in a strict order: you (the donor), then a 'certificate provider' who confirms you understand the document, then each attorney. Errors invalidate the form and require re-payment of the OPG fee. The most common mistake is signature dates being out of order.
If a family member loses capacity without an LPA in place, the only legal route is a Court of Protection deputyship application. It costs £400 to £800 in court fees, takes 6 to 9 months, requires ongoing annual reports, and the deputy must purchase a security bond annually. Total lifetime cost commonly exceeds £2,000.
Worse, the Court chooses what powers to grant — often narrower than an LPA would have given. Bank accounts get frozen until appointment. Medical and care decisions revert to professionals applying best-interests tests. The £164 LPA spent in good time avoids all of this.
Yes, but only while you still have capacity. You revoke the existing LPA in writing and register a new one.
No — they cover different things. An LPA operates during your lifetime; a will takes effect on death. Most people need both.
Yes — that is the point. The attorney has a fiduciary duty to act in your best interests and keep records.
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