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Most people put off thinking about a lasting power of attorney because it means imagining a version of themselves who can’t make decisions anymore. That’s uncomfortable. But it’s also exactly why so many families end up stuck: someone has a stroke, develops dementia, or is knocked unconscious in an accident, and suddenly nobody has the legal right to access their bank account, speak to their doctors, or pay their bills — even a spouse.
A lasting power of attorney, or LPA, fixes this in advance. It’s a legal document that lets you choose, while you’re still able to, who would make decisions on your behalf if you couldn’t. It’s not just for elderly people or those with a terminal diagnosis. Anyone can lose capacity suddenly, at any age, and if you haven’t set one up beforehand, your family may have to apply to the Court of Protection — a process that’s slower, more expensive, and entirely out of your hands.
This article covers what an LPA actually does, the two types you need to know about, what it costs, and exactly how to set one up in England and Wales (Scotland and Northern Ireland have separate systems, which we’ll flag).
What an LPA actually does
An LPA lets you appoint one or more people — called “attorneys” — to make decisions for you if you lose the mental capacity to make them yourself. This isn’t the same as giving someone access to your money right now. The powers only kick in when they’re needed (for one type, only once you’ve lost capacity; for the other, potentially from the moment it’s registered).
There are two separate types, and most people should consider setting up both:
- Property and financial affairs LPA — covers bank accounts, bills, property, investments, and managing your income.
- Health and welfare LPA — covers medical treatment decisions, where you live, and day-to-day care, but only once you’ve lost the ability to decide for yourself.
You can set up one or both. They’re separate documents with separate registration fees, and you can appoint different people for each.
The misconception that trips people up
A huge number of people believe that being married or in a civil partnership automatically gives their spouse the legal right to make decisions for them if something happens. It doesn’t.
Banks won’t let a spouse access a joint account holder’s individual accounts, move money, or manage investments on their behalf without legal authority. A spouse can’t automatically approve a medical decision on someone’s behalf either — doctors will consult family, but if there’s a disagreement about treatment, next of kin has no special legal standing without an LPA in place. This catches people out at the worst possible moment: in a hospital corridor, trying to sort out bills for a partner who can no longer manage them.
Who should have one
You don’t need a terminal diagnosis or to be over 70. Consider setting one up if:
- You have property, savings, or investments you’d want managed sensibly if you couldn’t manage them yourself.
- You have dependants who rely on your income or decisions.
- You want a say in who makes medical and care decisions for you, rather than leaving it to whoever happens to be around.
- You’re a parent of an adult child (18+) with a health condition that might affect their capacity — LPAs apply to adults, and parental authority ends at 18.
Setting one up early costs the same as setting one up later. The only difference is whether it’s in place before you need it.
How the two types compare
| Feature | Property and financial affairs LPA | Health and welfare LPA |
|---|---|---|
| Covers | Bank accounts, bills, property, investments | Medical treatment, care, living arrangements |
| Can be used | While you still have capacity (if you allow it) or only once you lose it | Only once you’ve lost capacity |
| Who typically needs it | Anyone with money, property, or accounts to manage | Anyone who wants a say in future medical/care decisions |
| Registration fee (2026) | £82 | £82 |
| Can combine both | Yes — many people set up both together | Yes |
How to set one up, step by step
You can do this yourself online without a solicitor, though some people prefer legal help if their situation is complicated (blended families, business ownership, or disputes among relatives, for example).
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Choose your attorney(s). This should be someone you trust completely — a spouse, adult child, sibling, or close friend. You can appoint more than one and decide whether they must act together on every decision (“jointly”) or can act independently (“jointly and severally”). Most people choose the latter for practicality.
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Choose a replacement attorney (optional but sensible). If your first-choice attorney dies or can’t act, a replacement steps in automatically without needing a new LPA.
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Fill in the LPA forms via the gov.uk lasting power of attorney service or on paper. You’ll need details for yourself, your attorney(s), and a “certificate provider” — someone independent who confirms you understand what you’re signing and aren’t being pressured.
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Get it signed in the correct order. You sign first, then the certificate provider, then your attorneys. This order matters and getting it wrong is one of the most common reasons applications are rejected.
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Register it with the Office of the Public Guardian. An LPA isn’t valid until it’s registered — this currently costs £82 per LPA (so £164 if you do both types), though you may be eligible for a reduced fee or exemption if you’re on a low income or receive certain benefits.
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Registration takes around 8–20 weeks, so this isn’t something to leave until it’s urgently needed. It can’t be fast-tracked, even in a medical emergency, unless a court order is obtained separately.
What happens if you don’t have one
If you lose capacity without an LPA in place, your family can’t simply step in. They’d need to apply to the Court of Protection for a “deputyship” order — a process that typically takes several months, costs considerably more than an LPA, and involves ongoing supervision fees and annual reports to the court. The court, not your family, decides who’s appointed, and it might not be who you would have chosen.
This is the part people find genuinely upsetting once they understand it: an LPA isn’t really for you. It’s for the people who’d otherwise be left to sort everything out without a straightforward legal route to do so.
Common questions people get wrong
“Can my attorney do whatever they want with my money?” No. Attorneys have a legal duty to act in your best interests, keep your money separate from their own, and keep records. The Office of the Public Guardian can investigate concerns raised by family members.
“Does an LPA cover Scotland or Northern Ireland?” No — England and Wales have their own system through the Office of the Public Guardian. Scotland uses a Power of Attorney registered with the Office of the Public Guardian Scotland, and Northern Ireland has its own separate Enduring Power of Attorney process. If you live in or have property in a different UK nation, check the specific rules via MoneyHelper.
“Do I need a solicitor?” Not necessarily. The gov.uk process is designed to be done without one, and many people complete it in an afternoon. A solicitor makes more sense if your family situation is complicated or you’re worried about future disputes.
The bottom line
- Set up an LPA while you’re healthy and have full capacity — you can’t do this after you’ve lost capacity, and by then it’s too late.
- Do both types (property/financial and health/welfare) if you can — they cover completely different decisions and cost the same whether done together or separately.
- Choose attorneys you genuinely trust, not just the most obvious family member — this is a role with real financial and personal responsibility.
- Start the process at gov.uk rather than waiting for a solicitor recommendation — it’s designed to be done independently, and registration alone takes months.
- Tell your attorneys they’ve been appointed and where the documents are kept — an LPA sitting in a drawer nobody knows about is almost as useless as not having one.
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