Powers of attorney · 14 min read · Published 7 March 2026 · Updated 11 June 2026

Lasting powers of attorney: the complete guide for England and Wales

An LPA is among the most important documents you can make, yet many people put it off. This guide explains both types, how they work and how to set them up while you are well.

By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.

This guide is general information about the law of England and Wales, not legal advice. Each case is assessed on its own merits.

Guides · Powers of attorney · No. 11 of 11Reviewed 11 June 2026 · 14 minutes

What is a lasting power of attorney?

A lasting power of attorney (LPA) is a legal document in which you (the "donor") appoint one or more people you trust (your "attorneys") to make decisions for you if you become unable to make them yourself. LPAs are governed by the Mental Capacity Act 2005 and registered with the Office of the Public Guardian (OPG).

An LPA is not just for older people or those in poor health. Accidents, strokes and sudden illness can affect anyone at any age. An LPA is a practical precaution, like insurance, so that your affairs can be managed if the unexpected happens.

The two types of LPA

There are two types of LPA in England and Wales, each covering a different area of your life:

Property and financial affairs LPA. This gives your attorney authority over your finances: bank accounts, bills, pensions, investments and property. You can choose to let your attorney act while you still have mental capacity (with your consent), or only after you have lost it. That makes it useful for incapacity and also for practical situations such as a long spell abroad or in hospital.

Health and welfare LPA. This covers decisions about your day-to-day care, medical treatment, where you live and your daily routine. Your attorney can only make a decision under this LPA when you lack the mental capacity to make that particular decision. It can also give your attorney authority over life-sustaining treatment, which needs careful thought.

You can make both types, and many people do. You can appoint different attorneys for each.

If you could not decide for yourself tomorrow

Life with a lasting power of attorney, and life without one.

See how it works

A calculator and a propelling pencil resting on a page of handwritten sums

Why you need an LPA

Without an LPA, if you lose mental capacity, no one (not even your spouse, children or closest family) has automatic legal authority to manage your finances or make decisions about your care. For money and property, they would usually need to apply to the Court of Protection to be appointed your "deputy". That costs far more, takes months, involves ongoing supervision, and may end with someone you would not have chosen. For care and treatment, doctors and carers would usually decide what is in your best interests, after consulting your family. Your family would not have the final say.

An LPA puts you in control. You decide who will act for you, what powers they have, and any instructions or restrictions.

How to set up an LPA

The process has several stages:

Choose your attorneys. An attorney should be someone you trust completely. They must be 18 or over and have mental capacity. For a property and financial affairs LPA, they cannot be bankrupt or subject to a debt relief order. You can appoint more than one and say how they must work: "jointly" (they must all agree on every decision), "jointly and severally" (they can act together or separately), or a mix of both.

Appoint replacement attorneys. These step in if an original attorney can no longer act, for example because they die, lose capacity or give up the role. If an attorney's marriage or civil partnership with you ends, so does their role, unless the LPA says otherwise. For a property and financial affairs LPA, an attorney's bankruptcy also ends their role. A replacement cannot stand in while an attorney is only away for a time. Where attorneys must act jointly, the LPA ends if one can no longer act, unless a replacement steps in. Naming replacements can avoid the need for a new LPA or a court application.

Add instructions and preferences. You can include instructions (which your attorney must follow) and preferences (which your attorney should consider but need not follow).

Choose a certificate provider. Before your LPA can be registered, a certificate provider must confirm that you understand the LPA and are making it of your own free will, without pressure. This can be a professional (such as a solicitor or doctor) or someone who has known you personally for at least two years. They must be 18 or over. They cannot be one of your attorneys or replacements, or a member of your family or an attorney's family. Some others are also excluded, such as a business partner or staff at a care home where you live.

Sign the LPA. The LPA must be signed in a set order: you (the donor) first, then the certificate provider, then the attorneys and any replacements. Your signature and each attorney's signature must be witnessed by someone aged 18 or over. An attorney or replacement cannot witness your signature, although attorneys can witness each other's. If the signing order is wrong, the OPG cannot register the LPA.

Register with the OPG. Your LPA must be registered with the Office of the Public Guardian before it can be used. The fee is £92 per LPA (£184 for both). The fee is halved for a donor with an income of £12,000 a year or less, and waived for those on certain benefits. Registration usually takes 8 to 10 weeks if there are no mistakes on the forms. It can take longer.

The role of the attorney

Being an attorney carries real legal responsibilities. Your attorney must always act in your best interests, follow the principles of the Mental Capacity Act 2005, consider your past and present wishes, consult people close to you where practical, not take advantage of the position, keep your money separate from their own, and keep accurate records.

An attorney who fails in these duties can be removed by the Court of Protection.

A steaming glass cup of tea on a saucer by a window, a garden blurred beyond

Common mistakes to avoid

Leaving it too late. An LPA can only be made while you still have mental capacity. Once capacity is lost, the option is gone.

Choosing the wrong attorney. Think about practical ability as well as trust. Is the person good with money? Do they understand your views on medical care?

Not registering the LPA. An LPA has no legal force until it is registered. Many people complete the forms but never send them in.

Errors on the form. Even small mistakes can lead the OPG to reject the application, causing delay and sometimes a fresh start.

LPAs and your wider estate plan

An LPA works alongside your will. Your will deals with what happens after your death. Your LPA protects you during your lifetime. Together they cover your affairs whatever happens.

If you would like to discuss setting up a lasting power of attorney, contact Aaron Johnson, solicitor and TEP.

This guide is general information, not legal advice.

Sources

The official pages behind the rules this guide explains. Each was checked on 3 November 2026.

Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 11 June 2026 · Ends

Questions people ask about this.

General answers for England and Wales. What applies to you depends on your circumstances.

How much does it cost to set up an LPA?
The OPG registration fee is £92 per LPA (£184 for both types), with a reduction or exemption for low incomes. Aaron charges a fixed fee for preparing an LPA. One LPA, both types for one person, one type each for a couple and all four for a couple are each priced on their own, and doing them with your will takes a fixed amount off the fee, once for the whole matter. Every fee, with VAT, is on the fees page.

Can I make an LPA after a dementia diagnosis?
Possibly. The test is whether you have the capacity to understand the LPA at the time you make it. An early diagnosis does not necessarily mean you lack capacity, but a medical assessment may be wise.

How long does LPA registration take?
Usually 8 to 10 weeks with the OPG, if the forms are complete and no one objects.

Can I cancel my LPA?
Yes. While you have capacity you can revoke your LPA at any time. You sign a deed of revocation in front of a witness. You then send it to the OPG with the original LPA and tell your attorneys.

Who can be a certificate provider?
A professional (such as a solicitor, doctor or social worker), or someone who has known you personally for at least two years. In either case, they must be 18 or over and cannot be one of your attorneys or replacements. They also cannot be a member of your family or an attorney's family. Some other people are excluded too, such as a business partner or staff at a care home where you live.

What is the difference between an LPA and an ordinary power of attorney?
An ordinary power of attorney stops working when you lose capacity. An LPA carries on after you lose capacity, which is exactly when it is needed most.

Next step

Ready when you are.

Sixty seconds of questions that end on a named plan and a fixed fee, with VAT.

Or call 01262 310 850, Monday to Friday, 9am to 5.30pm.

Appointments are usually available within a few working days, including Tuesday and Thursday evenings, and home visits across East and North Yorkshire.

Important

This guide contains general information about the law of England and Wales as at June 2026. It is not legal advice and should not be relied on in place of advice on your own circumstances. Mental capacity and powers of attorney law, and the Office of the Public Guardian's fees and forms change often; check any specific point before acting on it. Outcomes for any one person depend on their facts, the documents, and decisions taken by HMRC, the courts and others. Fees shown are fixed once agreed in writing, before any work starts. Safe Harbour Legal and Legal Studio Solicitors are trading names of MDLS Solicitors Limited (company number 08599445), authorised and regulated by the Solicitors Regulation Authority, SRA 598793. The complaints procedure is at legalstudio.co.uk/sra-complaints (Legal Studio's website).