If you’re reading this, you’re probably thinking about a Lasting Power of Attorney — either for yourself, or for a parent or partner. This guide explains it all in plain English: what an LPA is, the two types, who you can appoint, what it costs, and how the process works.
On this page:
- What is a Lasting Power of Attorney?
- The two types of LPA explained
- Who can be an attorney
- LPA vs a Will — what’s the difference?
- How to make an LPA, step by step
- How long does an LPA take?
- Registering an LPA and the OPG fee
- Using, changing and cancelling an LPA
- What happens if you lose capacity without an LPA
- Frequently asked questions
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people — your “attorneys” — to make decisions on your behalf if you ever lose the mental capacity to make them yourself.
It’s one of the most important documents you’ll ever sign, and also one of the most misunderstood. Two clarifications up front:
First, it’s not just for the elderly. Illness and accidents don’t check your age. Anyone over 18 can — and arguably should — have one.
Second, it does nothing until it’s needed. Making an LPA does not hand over control today. You carry on making your own decisions as normal. It simply means that if the day comes when you can’t, the people you trust are already legally in place.
An LPA is made under the Mental Capacity Act 2005 and must be registered with the Office of the Public Guardian (OPG) before it can be used.
The Two Types of LPA Explained
There are two types of Lasting Power of Attorney, and they cover completely different things.
Property and Financial Affairs LPA
This lets your attorney manage your money and property: paying bills and mortgage, collecting income and pensions, managing bank accounts, buying or selling your home. It can be used while you still have capacity, if you choose — handy if you’re travelling or housebound — or only when you lose capacity.
Health and Welfare LPA
This covers personal decisions: where you live, your daily care routine, medical treatment, and even refusing life-sustaining treatment. Unlike the financial LPA, it can only ever be used once you have lost the capacity to make those decisions yourself.
Do you need both?
Neither covers the other. Many people make just one, but most people find that pairing them gives complete protection — one document for your money, one for your care. Making both at the same time is significantly cheaper than making them separately.
Who Can Be an Attorney
Your attorney can be almost anyone over 18 whom you trust: a spouse or partner, adult children, a sibling, a close friend, or a professional such as a solicitor. For a Property and Financial Affairs LPA, your attorney must not be bankrupt or subject to a Debt Relief Order.
You can appoint one attorney or several, and you can name replacements in case your first choice can’t act.
The single most important decision is how attorneys act together:
- Jointly — all must agree to every decision. Protects you, but grinds to a halt if one dies or disagrees.
- Jointly and severally — each can act alone. Flexible, but requires deep trust in each attorney.
- A mix — some decisions jointly, others individually.
Who you choose matters more than how the paperwork is drafted. Pick people who know your wishes, will respect them, and have the time to act.
LPA vs a Will — What’s the Difference?
The short version: a Will speaks for you after death. An LPA speaks for you during life.
| Lasting Power of Attorney | Will | |
|---|---|---|
| When it takes effect | While you’re alive, if you lose capacity | After you die |
| What it covers | Finances, property, health, care | Your estate and possessions |
| Who acts | Your attorneys | Your executors |
| Can it be changed? | Yes, while you have capacity | Yes, any time before death |
Many people assume a Will covers incapacity. It doesn’t. Neither does joint bank account ownership or being married — banks routinely freeze sole accounts and require formal authority before a spouse can act.
The two documents work best as a pair, and preparing them together saves money. We charge £299.00 for one LPA and £499.00 for 2 LPAs.
How to Make an LPA, Step by Step
You can make an LPA yourself, using forms from the Office of the Public Guardian, or a lawyer can do it for you. Here’s the full process either way:
Step 1 — Choose your attorneys and how they act. Decide who, how many, and jointly or jointly-and-severally (see above). Name replacements if you wish.
Step 2 — Complete the LPA form. The official form (LP1) asks for your details, your attorneys, any preferences or instructions you want recorded, and who should be notified when registration happens.
Step 3 — The certificate provider signs. An independent person — a lawyer, doctor, or someone who has known you well for two years — confirms you understand the LPA and aren’t under pressure. This is a legal safeguard, not a formality.
Step 4 — Everyone signs — in the right order. This is where DIY attempts most often fail. You, your certificate provider and your attorneys must all sign in a strict sequence, with the right witnesses. A signature out of order can invalidate the whole document.
Step 5 — Register with the OPG. Send the completed LPA to the Office of the Public Guardian with the registration fee. The OPG must register it before it can be used.
The honest comparison: doing it yourself costs only the registration fee but demands careful attention to detail. Having a lawyer do it adds a fixed professional fee, and removes the risk of an invalid document being discovered years later, when it’s too late to fix.
How Long Does an LPA Take?
Two clocks run here. Drafting and signing the document typically takes one to two weeks with a solicitor. Registering with the OPG then takes several weeks while they check and process the document — sometimes longer at busy periods.
Two practical implications:
- Register early. An unregistered LPA can’t be used, and you can’t register it quickly in a crisis — so most people register immediately rather than waiting.
- Make your LPA before you need it. You can only make an LPA while you have mental capacity. There is no backdating, and no exceptions.
Registering an LPA and the OPG Fee
The Office of the Public Guardian charges a registration fee per document — £82 at the time of writing. Fee reductions and exemptions are available for people on lower incomes; check the OPG’s current guidance.
Once registered, the OPG returns the stamped LPA. Keep the original somewhere safe — banks and organisations will ask to see it before accepting your attorney’s authority.
Using, Changing and Cancelling an LPA
Using it: A financial LPA can be used while you have capacity (if you allow it) or on loss of capacity. A health and welfare LPA only ever operates once you’ve lost capacity. Your attorney presents the registered LPA to banks, doctors and care providers as proof of authority.
Changing it: You can change your attorneys or your instructions at any time while you have capacity — by making a new LPA. If it’s already registered, changes involve notifying the OPG.
Cancelling it: You can revoke an LPA at any time while you have capacity, by deed and with a formal note to your attorneys and the OPG.
Abuse: Attorneys are legally required to act in your best interests. Suspected misuse can be reported to the OPG, which can investigate and refer to the Court of Protection.
What Happens If You Lose Capacity Without an LPA
This is the section we wish nobody needed.
If someone loses capacity with no LPA in place, there is no quick workaround. Family members must apply to the Court of Protection to be appointed as a “deputy” — a slow, paper-heavy process involving assessments, ongoing supervision and fees that commonly total thousands of pounds. Until the appointment is made, nobody has authority to access the person’s accounts, sell property, or make care decisions.
For business owners the exposure is sharper: a director who loses capacity without a business LPA can leave the company unable to sign contracts, pay wages or operate its accounts. The company may face serious disruption while shareholders apply to court.
The contrast with an LPA is stark: one fixed fee, one document, your chosen person able to act immediately.
Frequently Asked Questions
Can I make an LPA myself? Yes, the forms are public. But the strict signing order, certificate requirements and instruction wording trip up many people, and errors can invalidate the document. A lawyer’s fee buys certainty.
Does an LPA expire? No. It lasts until you revoke it or die.
Can an old Enduring Power of Attorney still be used? EPAs made before October 2007 remain valid in England & Wales, but they only cover finances, and must be registered with the OPG as soon as the donor starts losing capacity.
Can family members dispute my LPA? Yes, they can object to registration or raise concerns with the OPG. Clear instructions and a sound certificate reduce the risk.
Do I need a solicitor? No, but a solicitor can help ensure the document is valid.
What if my attorney dies? If you named replacements, they step in. If not, and there are no surviving attorneys, the LPA fails — which is why replacements matter.
The Bottom Line
A Lasting Power of Attorney is inexpensive, quick to arrange, and impossible to make too early — but impossible to make too late. Whatever route you take, DIY or professional, the worst decision is no decision.
Ready to put yours in place? Pacific Law prepares and registers LPAs for a fixed fee from £299.00. Enquire today and we’ll get back to you by the next working day.
This guide is general information, not legal advice, and applies to England & Wales only. For advice on your circumstances, book a consultation with Pacific Law.