A lasting power of attorney, or LPA, lets you choose someone to make decisions for you if you ever cannot make them yourself. It is one of the most useful documents most people never get round to, and it only works if you set it up while you still have capacity. In England and Wales there are two separate types, and it is worth understanding what each one does.
Type one: property and financial affairs
This LPA covers money and property. Your attorney can pay bills, manage bank accounts, deal with your pension and, if needed, sell your home. You can allow it to be used as soon as it is registered, with your permission, or only if you lose the capacity to manage things yourself. For many people this is the one that matters day to day, for example if illness makes managing a bank account difficult.
Type two: health and welfare
This LPA covers decisions about your care and treatment: where you live, your daily care and medical treatment, including, if you choose, decisions about life-sustaining treatment. Unlike the financial one, it can only be used once you have lost the capacity to make those decisions yourself.
Most people who make an LPA set up both, so that money and care are covered.
What it costs
Each LPA is registered with the Office of the Public Guardian, and the registration fee is £92 per LPA. Registering both types therefore costs £184 for one person, or £368 for a couple doing both. A reduction of half is available if the person’s gross annual income is under £12,000, and some people on certain benefits may pay nothing. You can apply online or on paper, with or without a solicitor.
Why set one up early
An LPA has to be made while you still have mental capacity. If someone loses capacity without one in place, the family often has to apply to the Court of Protection to be appointed as a deputy, which is slower, more expensive and more stressful than an LPA would have been. Setting one up is a gift to your future self and your family.
Different in Scotland and Northern Ireland
The two-type LPA described here is for England and Wales. Scotland has its own system of powers of attorney, registered with the Office of the Public Guardian (Scotland), typically combining continuing (financial) and welfare powers. Northern Ireland uses an enduring power of attorney for financial matters and has separate arrangements for health decisions. If you live in Scotland or Northern Ireland, follow the local process.
Frequently asked questions
Do I need both types?
Not strictly, but most people set up both so that both money and care decisions are covered. You can make one without the other.
Can I make an LPA myself?
Yes. You can apply online through GOV.UK without a solicitor. Many people use a solicitor for peace of mind, especially where family circumstances are complicated.
When can my attorney start acting?
The health and welfare LPA can only be used once you lack capacity. The property and financial affairs LPA can be used earlier with your permission, once registered.
Sources
- GOV.UK: Make, register or end a lasting power of attorney; and LPA fees
- Office of the Public Guardian (Scotland) and nidirect for Scotland and Northern Ireland
Reviewed by an SRA-regulated solicitor (name to be assigned). Last reviewed: [set on publish]. This is general information, not legal advice and does not replace advice on making an LPA.
