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Lasting Power of Attorney

Complete Guide to LPAs in England and Wales

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint trusted people to make decisions on your behalf if, in the future, you are unable to make those decisions yourself.

For many families, an LPA offers reassurance and stability. It ensures that someone you trust is legally authorised to act in your best interests—whether that involves managing finances, arranging care, or making medical decisions. It also prevents the difficult situation where loved ones discover they cannot step in without formal legal authority.

Many people assume a spouse or adult child can automatically make decisions for them. In reality, this is not the case unless a registered LPA is already in place.

What Is a Lasting Power of Attorney?

An LPA allows you (the donor) to appoint one or more attorneys to make decisions about your property, finances, health or care. You decide:

  • Who your attorneys are

  • What decisions they can make

  • When they can act

  • Whether they act jointly or independently

  • Any instructions or preferences you want them to follow

You must have mental capacity at the time you create an LPA.

For deeper guidance, explore:

Caveat Against Probate

The Two Types of LPA

1. Property and Financial Affairs LPA

This LPA allows your attorney to make decisions about your financial life, including:

  • Managing bank accounts

  • Paying bills

  • Handling investments

  • Buying or selling property

  • Collecting pensions or benefits

  • Managing income and tax matters

 

You can choose for this LPA to be used as soon as it is registered, even while you still have capacity.

The Two Types of LPA

2. Health and Welfare LPA

This LPA covers decisions about your care and wellbeing, such as:

  • Medical treatment

  • Daily care

  • Where you live

  • Moving into a care home

  • Life‑sustaining treatment (if authorised)

 

This type of LPA can only be used once you have lost mental capacity.

Who Can Be an Attorney?

You can appoint:

  • A spouse or partner

  • A family member

  • A friend

  • A professional adviser

  • More than one attorney

 

Your attorney should be someone you trust completely, as they may be responsible for significant financial, legal or healthcare decisions.

Returning to Work After Bereavement

When Should You Make an LPA?

Although many people wait until later in life, an LPA can be valuable for adults of any age—especially if you:

  • Own property

  • Have savings or investments

  • Run a business

  • Have dependants

  • Want to plan for unexpected illness or injury

 

An LPA must be made before mental capacity is lost.

You may also find these guides helpful:

How Long Does a Beneficiary Wait for Inheritance?

What Happens If You Don’t Have an LPA?

Without a valid LPA:

  • Your family may not be able to access your finances

  • Loved ones may be unable to make healthcare decisions

  • The Court of Protection may need to appoint a deputy

  • Decisions may take longer and cost more

  • Stress and uncertainty can increase at an already difficult time

 

Planning ahead protects both you and those you care about.

Probate Process Step by Step

How Is an LPA Registered?

Once completed and signed, an LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.

Registration typically takes 8–10 weeks if the application is correct.

Inheritance Tax Calculator

Do You Need a Solicitor?

You can create an LPA yourself using official forms, but many people choose to seek legal advice—especially if:

  • Family relationships are complex

  • You are appointing multiple attorneys

  • You own business assets

  • Property ownership is complicated

  • You want to include detailed instructions or preferences

 

A solicitor can help ensure your LPA is accurate, legally valid and aligned with your wishes.

Compare options here.

Compare Lasting Power of Attorney Solicitors Near You

Planning ahead is one of the most compassionate gifts you can give your loved ones.

Find a Funeral helps you compare experienced solicitors across the UK who can prepare and register LPAs, advise on estate planning, and ensure your wishes are legally protected.

Frequently Asked Questions

Here are some frequently asked questions we receive.

Yes. Many people choose to create both a Property and Financial Affairs LPA and a Health and Welfare LPA.

If you still have mental capacity, you can revoke or replace an LPA and create a new one.

An LPA remains valid until it is revoked or ends under legal rules.