Lasting Power of Attorney in England & Wales: A Complete Guide

A Lasting Power of Attorney (LPA) is a legal document that lets you choose who makes decisions on your behalf — about your finances, your property, and your healthcare — if you lose the mental capacity to do so yourself. In England and Wales there are two types of LPA, and you can only make one while you still have capacity. This guide covers everything you need to know: what each type covers, how to choose your attorney, and how to register.

What Is a Lasting Power of Attorney?

It is created under the Mental Capacity Act 2005 and must be registered with the Office of the Public Guardian before it can be used. For a complete guide to Lasting Power of Attorney, including registering an LPA in England and Wales, see the GOV.UK website — produced with information provided by the Office of the Public Guardian.

Critically: an LPA must be made while you have mental capacity. Once capacity is lost, it is too late. You'll also need to decide who you can appoint as your attorney.

The Two Types of LPA

In England and Wales there are two types of LPA, and most people benefit from having both. See our guide to understand the difference between property and health LPAs for a detailed comparison.

1. Property and Financial Affairs LPA

Gives your attorney authority over your finances and property, including:

• Paying bills and managing bank accounts
• Buying or selling property
• Managing investments and pensions

This LPA can be set up to take effect immediately — meaning your attorney can act even while you still have capacity — or only upon loss of capacity. If you choose the immediate option, be aware your attorney can act without your day-to-day oversight from the outset. Choose your attorney carefully and consider whether immediate access is appropriate for your situation.

2. Health and Welfare LPA

Gives your attorney authority over decisions about your personal wellbeing, including:

• Medical treatment and care
• Daily routine, diet, and living arrangements
• Whether you move into a care home

Unlike the financial LPA, this one can only be used when you have lost mental capacity — it cannot be activated while you are still able to make your own decisions.

Why You Need an LPA — and Why Now

Many people assume an LPA is something to think about later. It isn't.

Registration currently takes several months from submission. During that time, the LPA cannot be used. If you wait until capacity is already in question, it may be too late to make one at all — and your family could face a lengthy Court of Protection application instead, which can cost thousands of pounds and take well over a year.

The right time to set up an LPA is before you need it.

Choosing Your Attorney

Your attorney will have significant power over your life — so the choice matters.

Look for someone who is:

• Trustworthy and financially responsible
• Willing to take on the role
• Able to make difficult decisions under pressure
• Familiar with your values and wishes

You can appoint more than one attorney. If you do, you'll need to decide how they act:

• Jointly — all attorneys must agree on every decision. Provides checks and balances, but can cause deadlock if they disagree.
• Jointly and severally — attorneys can act together or independently. More flexible, but requires a high level of trust in each individual.

You can also name replacement attorneys to step in if your first choice is unable to act.

How to Make an LPA

The process has several steps — and the order matters. Errors in signing or witnessing can invalidate the document.

1. Choose your attorney(s) and confirm they are willing to act
2. Decide which type(s) of LPA you need
3. Complete the official LPA forms — available from the Office of the Public Guardian, or through a power of attorney service in London such as Wills & Power
4. Appoint a certificate provider — an independent person (a professional such as a solicitor, or someone who has known you well for at least two years) who confirms you understand the document and are not being pressured into signing it. This step is a legal requirement — without it, the LPA is invalid.
5. Sign the forms in the correct order — the donor signs first, then the certificate provider, then the attorneys
6. Register with the Office of the Public Guardian — registration costs £82 per LPA (£164 for both). Fee reductions are available for those on low incomes.
7. Store the registered LPA safely and ensure your attorney knows where to find it

Registration takes several months. Factor this into your timeline.

What Safeguards Are in Place?

Attorneys are not unchecked. Under the Mental Capacity Act 2005, all attorneys must:

• Act in your best interests at all times
• Consider your past and present wishes
• Use the least restrictive option available
• Keep financial records (for financial attorneys)

The Office of the Public Guardian can investigate concerns about an attorney's conduct, and an LPA can be cancelled if misuse is found.

Reviewing Your LPA

An LPA should reflect your current wishes and circumstances. Review it if:

• Your chosen attorney's circumstances change
• Your relationship with your attorney changes
• Your own circumstances or wishes change significantly

You can cancel (revoke) an LPA at any time while you still have mental capacity.

Follow our step-by-step guide to setting up an LPA.

Find out how much an LPA costs.

Start your LPA today — it takes less time than most people think.

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This complete guide covers everything about lasting power of attorney UK law. You can complete your power of attorney UK online through Wills & Power.

Wills & Power is an online power of attorney service UK — start your LPA today. Create LPA online — London and all of England & Wales. Both types covered.

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Drafting a power of attorney online UK has never been simpler — Wills & Power walks you through every step of the OPG process. You can create LPA online — London and all of England and Wales covered. Both property and health LPA types available.