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Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone you trust to make decisions for you if you ever need help in the future. This person is called an attorney.

Anyone aged 18 or over can set up an LPA. You are never too young to make one. LPAs are as important as making a will.

 

Why an LPA is important

If you become ill or injured and cannot make decisions because you lack mental capacity (as mentioned in the Mental Capacity Act, 2005), an LPA lets you stay in control of:

  • what happens to you
  • who makes decisions on your behalf

Mental capacity means being able to make a specific decision at the time it needs to be made. People might lose capacity because of dementia, a mental health condition, a learning disability, or a serious illness.

The only way to make sure someone you choose can make decisions for you is to set up an LPA.

 

Types of LPA

There are two types of LPA. You need to apply for each separately.

Health and Welfare LPA

This covers decisions about:

  • daily routines such as food and clothing
  • your medical decisions and treatment
  • the type of care you receive
  • whether you stay at home or move to a care setting

Your attorney can only make these decisions when you are deemed as lacking mental capacity.

Property and Financial Affairs LPA

This covers decisions about:

  • managing and having access to bank or building society accounts
  • paying bills or debts
  • applying for benefits or pensions
  • selling your home or other property

You can choose for your attorney to act as soon as the LPA is registered, even if you still have capacity.

 

Costs

Each LPA costs £82 to register.
Both types together cost £164.

You may get a reduced fee if you claim certain benefits or are on a low income.

 

How to set up an LPA

You can:

LPAs can only be used once they are registered with the Office of the Public Guardian. For more information, please refer to guidance on GOV.UK (Opens in new tab)

 

How Social Care uses LPAs

Your Social Worker, Social Care Officer or Finance Officer may ask to see your registered LPA. With your consent, they may keep a copy on your record.

If you lack capacity under the Mental Capacity Act 2005, your worker will check whether you have an LPA and involve your attorney in decisions about:

  • your health and welfare
  • your property and financial affairs

 

If you do not have an LPA

If you lose mental capacity without an LPA in place:

  • your family may not be able to make decisions for you
  • your finances could be frozen, meaning bills cannot be paid
  • your family may need to apply to the Court of Protection to become your deputy

A deputy has similar powers to an attorney, but the process is longer, more complex and more expensive.

The Court of Protection

The Court of Protection can:

  • decide if someone has mental capacity
  • appoint a deputy to make decisions for people who lack mental capacity
  • allow a one‑off decision to be made
  • deal with urgent or emergency applications

This process can take a long time and may cost more than arranging an LPA, so registering an LPA early is recommended.

 

Remember
  • An LPA is as important as a will
  • You choose who acts for you.
  • An LPA only takes effect when you cannot make decisions yourself (unless you allow earlier use for Property and Finance).