What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows someone (the "donor") to appoint one or more people (the "attorneys") to make decisions on their behalf if they lose the ability to make those decisions themselves.
There are two types:
- Health and Welfare LPA: covers decisions about medical treatment, care, daily routine, and where the person lives. Can only be used when the person has lost mental capacity.
- Property and Financial Affairs LPA: covers decisions about money, property, bills, and finances. Can be used while the person still has capacity (with their permission) or after they lose it.
When to set it up
The single most important thing to understand about LPA is this: it can only be set up while the person still has mental capacity.
If you wait until dementia has progressed, until after a severe stroke, or until a crisis happens — it's too late. The window closes, and the alternative (applying to the Court of Protection for a deputyship) is slower, more expensive, and more restrictive.
The best time to set up an LPA is when it feels unnecessary. That's exactly the point.
How to set it up
- You can register an LPA yourself through the Office of the Public Guardian (OPG) online service — it costs £82 per LPA (so £164 for both types)
- Alternatively, a solicitor can prepare and register them — expect to pay £300–£600 for both
- The donor must understand what they're signing and choose their attorneys freely
- A "certificate provider" (someone independent, like a GP or solicitor) must confirm the donor understands
- Registration takes 8–12 weeks, so don't leave it to the last minute
Choosing attorneys
Choose people who:
- Your loved one trusts completely
- Are willing and able to take on the responsibility
- Understand and respect your loved one's values and wishes
- Can work together if multiple attorneys are appointed
You can appoint attorneys to act "jointly" (every decision requires all of them) or "jointly and severally" (any one of them can act alone). Most families choose jointly and severally for practical reasons.
What happens without an LPA
If someone loses capacity without an LPA in place, their family cannot automatically manage their affairs. You would need to:
- Apply to the Court of Protection for a deputyship order
- Wait several months for it to be processed
- Pay higher fees (application fee plus annual supervision fee)
- Submit annual reports to the OPG on how you're managing finances
Meanwhile, bills go unpaid, savings are inaccessible, and medical decisions default to whatever the clinical team decides — without family input.
Have the conversation now
Raising the topic of LPA can feel awkward, but framing it as planning — not as a sign of decline — helps:
- "We should both set up LPAs — it's just sensible planning, like a will."
- "I want to make sure we can always act in your interests, whatever happens."
It's one of the most important things you can do for someone you care about. And it needs to happen before you need it.