In this article, we explain what Lasting Powers of Attorney (LPAs) are, the different types available, and why putting them in place early helps to protect your interests and provide reassurance for your family. This guide applies to LPAs set up in the jurisdictions of England and Wales.
We all hope that we will remain fully able to make our own decisions until we die. This belief often means that many people do not consider putting LPAs in place until a change in health or circumstances makes decision-making more difficult. Unfortunately, at this point, the reality is that a severe decline in mental or physical health may mean LPAs can no longer be put in place. Putting LPAs in place while you have full mental capacity ensures that you remain in control of who will make decisions on your behalf if circumstances change. It can also provide reassurance for family members who may otherwise face uncertainty during a difficult time.
There are two types of LPAs which deal with Property and Financial affairs and Health and Welfare.
Property and Financial LPAs
These give your attorneys (it is usually advisable to appoint a minimum of 2) the power to deal with your financial affairs including but not limited to assisting with your bills, bank accounts and selling your house. Once registered with the Office of the Public Guardian (OPG), and with your permission, a Property and Financial LPA can be used immediately.
Health and Welfare LPAs
These give your attorneys the power to make decisions about matters relating to your health such as life sustaining treatment, care and where you continue to live, if you are no longer able to look after yourself. Decisions made by your attorneys in this respect may ultimately influence the overall value of your estate due to the cost of your care. Unlike Property and Financial LPAs, they can only be used when you have lost the capacity to make your own decisions.
Setting up an LPA
You the ‘donor’ can only set up an LPA while you are still able to make decisions (this is known as ‘mental capacity’), so it is important not to leave it too late. You can choose more than one attorney and specify restrictions on their powers. Attorneys are obliged to maintain a duty of care to the ‘donor’, and not to benefit themselves.
Choosing and instructing attorneys
The LPA forms will ask for details of who you want to appoint as attorney(s). If you decide to have more than one attorney, you can specify if you want them to act jointly or jointly and severally. If you wish them to act jointly, they must work together on your behalf. The option for your attorneys to work jointly and severally is more flexible as it means that each attorney can use the LPA independently.
It is important to think carefully about who you choose to be your attorney(s), and that you talk through the responsibility and details of your wishes with them in advance so that they can prepare and be confident that they can meet your needs.
Attorneys are often trusted family members or close friends, but they can also be professionals. It is important to choose someone who is reliable, understands your wishes, and is willing to take on the responsibility.
Registering an LPA
Anyone aged 18 or over can set up LPAs and you do not need to leave it until later life. LPAs must be registered with the Office of the Public Guardian (OPG) and the registration fee per LPA is currently £92.00 per LPA (as of March 2026).
Providing you still have mental capacity, you can end an LPA by formally revoking it with the Office of the Public Guardian (OPG).
When there is no LPA
The assumption by many people is, that if you lose the capacity to make your own decisions, your family will automatically be able to take responsibility for your affairs. Unfortunately, this is not the case. Even if this was the case, your immediate family may not necessarily be the right people to manage your finances or make decisions about your health.
If you lose mental capacity before you have set up LPAs, someone will need to officially apply to the Court of Protection to be appointed as Deputy to act on your behalf. This is a long and complex process and more expensive than setting up LPAs in advance. By setting up LPAs in good time you will be saving your loved ones not only unnecessary stress but also expense.
A solicitor will guide you through the process of preparing Lasting Powers of Attorney, ensuring the documents are completed correctly and that your wishes are clearly reflected.
Taking legal advice can also help avoid delays or complications during registration, providing reassurance that your chosen arrangements are properly in place should they be needed in the future.
For further information on setting up LPAs, please contact a member of our Wills, Tax & Estate Administration team who will be happy to help.
