Lasting Power of Attorney

Lasting Power of Attorney Solicitors — Planning for the Future While You Still Can

A Lasting Power of Attorney (LPA) is a legal document that appoints someone you trust — your attorney — to make decisions on your behalf if you lose mental capacity. Without an LPA, even close family members cannot access your bank accounts, manage your property, or make medical decisions for you — the Court of Protection must appoint a deputy instead, which is a costly and slow process. An LPA made while you have capacity is the most important document you can make alongside your will.

Mental Capacity Act 2005 Property & Financial Affairs LPA Health & Welfare LPA OPG registration
⚠️ An LPA can only be made while you have mental capacity. If you have already lost capacity — or are at risk of losing capacity through illness or injury — an LPA cannot be made. Instead, a family member must apply to the Court of Protection for a deputyship order. Acting early is essential.

The Two Types of Lasting Power of Attorney

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Property & Financial Affairs LPA — authorises your attorney to manage your finances on your behalf. This includes: managing bank accounts, paying bills, collecting income and benefits, managing investments, dealing with tax, buying and selling property, and running a business. This LPA can be used — with your permission — even while you still have capacity, making it useful for practical assistance as well as incapacity planning.
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Health & Welfare LPA — authorises your attorney to make decisions about your personal care, medical treatment, and welfare. This includes: decisions about where you live, your care and treatment, life-sustaining treatment, and your daily routine. This LPA can only be used when you have lost capacity — your attorney cannot override your own decisions while you are capable of making them.

Who Can Be an Attorney?

Your attorney must be an adult (18 or over) who has mental capacity themselves. A person who is subject to a debt relief order or who is bankrupt cannot act as your attorney for property and financial affairs. Your solicitor advises on:

  • Who to appoint — an attorney should be someone you trust completely. Many people appoint a spouse, adult child, or close friend. You can appoint more than one attorney and specify whether they act jointly (all must agree) or jointly and severally (each can act alone).
  • Replacement attorneys — you can name a replacement attorney who steps in if the original attorney cannot act (through death, bankruptcy, or loss of capacity).
  • Restrictions and guidance — you can add restrictions (things the attorney cannot do) and guidance (preferences and wishes you would like the attorney to follow). A solicitor drafts these carefully to achieve your intended effect.
  • Certificate provider — the LPA must include a certificate provider who confirms that you understand the LPA and are not being pressured. Your solicitor can act as certificate provider.

Registering the LPA with the Office of the Public Guardian

An LPA has no legal effect until it is registered with the Office of the Public Guardian (OPG). Registration currently takes 20 working days (plus notification periods). Key points:

  • The LPA must be registered before it can be used — even if the donor still has capacity
  • The registration fee is £82 per LPA (April 2024) — a reduced fee applies for those receiving means-tested benefits
  • Named persons (usually close family members) must be notified before the OPG processes the registration — they have 3 weeks to object if they have concerns about the LPA
  • A solicitor prepares the complete LPA documentation, supervises execution, and submits the registration application to the OPG

Frequently Asked Questions

What is the difference between an LPA and an Enduring Power of Attorney?

Enduring Powers of Attorney (EPA) were replaced by LPAs in October 2007. EPAs made before October 2007 remain valid and must be registered with the OPG when the donor starts to lose capacity. LPAs are more comprehensive than EPAs — they cover health and welfare (EPAs only covered property and financial affairs) and must be registered before use. If you have an old EPA, it is still valid but a solicitor advises on whether making a new LPA would be more appropriate.

Can my attorney make gifts from my estate?

An attorney under a property and financial affairs LPA can make gifts but only in limited circumstances. The Mental Capacity Act 2005 s.12 allows attorneys to make gifts on customary occasions (birthdays, Christmas) to persons related to or connected with the donor, and charitable gifts the donor might be expected to make — but gifts must be of "a reasonable amount". For larger gifts or tax planning, the attorney must apply to the Court of Protection for authority. A solicitor advises attorneys on the boundaries of their gift-making powers.

What happens if I do not make an LPA?

If you lose capacity without an LPA in place, no one has automatic authority to manage your finances or make decisions about your care — not even your spouse. A family member must apply to the Court of Protection to be appointed as a deputy. This is a longer, more expensive process (typically £3,000–£5,000+ in professional fees and court costs), subject to ongoing OPG supervision, and the court chooses the deputy (usually from the applicants) rather than you choosing who you trust.

Can an LPA be challenged or revoked?

Yes. While the donor has capacity, they can revoke the LPA at any time — the solicitor prepares a deed of revocation and notifies the OPG. An LPA can also be challenged on the grounds of: lack of capacity when the LPA was made, undue influence or fraud, or improper execution. The OPG investigates concerns about attorneys, and the Court of Protection can remove an attorney who has acted dishonestly or contrary to the donor's best interests.

Do I need both types of LPA?

You can make one or both LPAs. Most solicitors recommend making both — a property and financial affairs LPA and a health and welfare LPA — to cover all eventualities. Each LPA is a separate document and a separate registration fee. Many people make both at the same time to save on professional fees. The two types can appoint different attorneys if that reflects your wishes.

How It Works

One clear request. An LPA solicitor contacts you.

An LPA made today protects you and your family if you lose capacity tomorrow. A solicitor drafts both LPAs, supervises execution, and registers them with the OPG so they are ready when needed.

Submit Your Request
1

Tell us your wishes

Describe who you wish to appoint as attorney and any restrictions or guidance you want included.

2

Matched to a solicitor

We connect you with a wills and LPA solicitor experienced in mental capacity planning.

3

LPA registered

Your solicitor drafts the LPA, supervises execution, and registers it with the Office of the Public Guardian.

Plan Ahead — While You Still Can

Make your Lasting Power of Attorney today — protect your future self.

Without an LPA, losing capacity means your family faces Court of Protection proceedings to manage your affairs. A solicitor makes the process straightforward and registers your LPA quickly.

Submit Your Request

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