Lasting Power of Attorney — what it is and why almost everyone needs one
Quick answer: A Lasting Power of Attorney (LPA) lets you appoint someone you trust to make decisions for you if you lose mental capacity.
A Lasting Power of Attorney (LPA) lets you appoint someone you trust to make decisions for you if you lose mental capacity. Without one, your family may have to apply to the Court of Protection — a slow and expensive process.
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Primary source: https://www.gov.uk/power-of-attorney
The two types
Property & Financial Affairs LPA: gives your attorney(s) authority to deal with your bank accounts, pensions, bills, and property. Can be used as soon as it's registered (with your permission), or only when you lose capacity.
Health & Welfare LPA: gives attorneys authority over medical treatment, care arrangements and where you live. Can only be used once you have lost capacity to make those decisions yourself.
You can specify whether your attorneys must act jointly (all together), jointly and severally (any of them alone), or jointly on some decisions and severally on others.
How to set one up
Apply online at gov.uk/power-of-attorney or by post. You'll name attorneys, optional replacements, and a 'Certificate Provider' — someone independent who confirms you understand what you're doing and aren't being pressured.
Send the signed form to the Office of the Public Guardian with the £82 fee. Registration takes around 8–20 weeks (the OPG aims to bring this down). The LPA cannot be used until registration is complete.
Notify any 'people to be told' you've named. They have 3 weeks to raise objections before the OPG registers the LPA.
Why timing matters
An LPA can only be made while you still have mental capacity. Once capacity is lost (e.g. due to dementia, stroke or accident) it is too late — your family must apply for a Court of Protection deputyship, which can take 6+ months and cost over £1,500 in fees and legal advice.
The Office of the Public Guardian routinely investigates attorneys suspected of abusing their position — keep records of decisions made for the donor.
Common questions
- Can I do it myself or do I need a solicitor?
- You can set one up yourself via gov.uk for the £82 fee. Many people use a solicitor for complex situations (business interests, blended families, vulnerable adults) — expect to pay £200–£600 per LPA on top of the registration fee.
- Does my LPA still work if I move abroad?
- An England & Wales LPA may not be recognised in other countries. If you split your time between countries, take local advice about equivalent documents (e.g. mandates in France, durable powers of attorney in the US).
- Can I cancel an LPA?
- Yes — while you still have mental capacity you can revoke an LPA by making a 'Deed of Revocation' and notifying the OPG and your attorneys. After capacity loss, only the Court of Protection can change or remove an LPA.