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Powers of attorney · 8 min read · Published · Updated

Property and financial affairs LPA vs health and welfare LPA: what is the difference?

There are two types of lasting power of attorney and they do different jobs. This guide explains both in plain English so you can decide which you need.

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. 10 of 11Reviewed · 8 minutes

Two documents, two purposes

Many people assume a single lasting power of attorney covers everything. In fact there are two separate types of LPA, each dealing with a different part of your life. The difference matters, because the powers, the timing and the practical effects of each are quite different.

Property and financial affairs LPA

A property and financial affairs LPA lets your attorney deal with your money and property. This includes running bank accounts and savings, paying bills, collecting income such as pensions and benefits, managing investments, buying, selling or renting property, and dealing with your tax.

You can choose to let your attorney act for you while you still have mental capacity. This is useful in practice, for example if you are abroad, recovering from surgery, or would simply rather someone else handled day-to-day money matters. The attorney cannot override your wishes while you have capacity. They act only with your consent.

If you prefer, you can restrict the LPA so your attorney can only act once you have lost capacity.

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Health and welfare LPA

A health and welfare LPA lets your attorney make decisions about your personal care, medical treatment and daily life. This includes where you live, your daily routine and care needs, medical and dental treatment, whether you move into a care home, what you eat and wear, and your social contact with others.

Your attorney can only make a decision under a health and welfare LPA when you lack the mental capacity to make that particular decision yourself. They cannot override your wishes while you can still decide.

You can also choose to give your attorney authority over decisions about life-sustaining treatment. This choice is made in section 5 of the form, which is not optional. You must sign either Option A or Option B before you sign section 9. Otherwise the OPG may not be able to register the LPA. Option A gives your attorney this authority. Option B leaves it to your doctors. They decide in your best interests, taking your attorney's views into account. Think carefully about which option you choose.

Property and Financial vs Health and Welfare LPA

Property and Financial Affairs LPAHealth and Welfare LPA
Covers bank accounts, investments and pensionsCovers medical treatment decisions
Covers buying, selling and maintaining propertyCovers care home and daily care choices
Covers bills and financial commitmentsCan include life-sustaining treatment decisions
Can be used while you still have capacity, if you chooseCan only be used when you lack capacity
Must be registered with the OPG before useMust be registered with the OPG before use

Key differences at a glance

When it can be used. A property and financial affairs LPA can be used as soon as it is registered, if you allow it. A health and welfare LPA can only be used when you lack capacity for the decision in question.

What it covers. The financial LPA covers money, property and assets. The health LPA covers personal care, medical treatment and where you live. There is no overlap.

Who to appoint. You can appoint different people for each LPA. A family member who is good with money might suit the financial LPA. A close relative who shares your values might suit health and welfare decisions better.

If you could not decide for yourself tomorrow

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

See how it works

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Whether you need both

You are not required to make both, but there are strong practical reasons to. Loss of capacity usually affects both money and care at the same time, and only both LPAs together cover both.

Without a property and financial affairs LPA, your family may be unable to reach your bank accounts to pay your care fees. Without a health and welfare LPA, decisions about your treatment and where you live may be made by people who do not know your wishes.

Making both LPAs at the same time also costs less, because the meetings and identity checks happen once.

Practical tips

Appoint at least one replacement attorney for each LPA. Think carefully about whether your attorneys should act "jointly" (always together) or "jointly and severally" (together or separately). And talk to your attorneys about your wishes before the LPA is finalised, so they understand your values.

If you would like to discuss which type of LPA is right for you, contact Aaron.

This guide is general information, not legal advice.

Sources

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

Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 20 March 2026 · Ends

Questions people ask about this.

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

What is the difference between the two types of LPA?

A property and financial affairs LPA covers your money and property. A health and welfare LPA covers your care and medical treatment. The financial LPA can be used while you still have capacity, if you allow it. The health and welfare LPA can only be used once you lack capacity.

Can I appoint different attorneys for each type?

Yes. Many people appoint someone good with money for the financial LPA. For health and welfare they choose someone who shares their values.

What if I only have one type of LPA?

You have a gap. Without a financial LPA (or an older enduring power of attorney), no one has authority over your money. Your family would usually need the Court of Protection to appoint a deputy. Without a health and welfare LPA, those providing your care and treatment decide in your best interests. They must take your family's views into account where it is practicable and appropriate to consult them. Your family still cannot consent to or refuse treatment on your behalf. Aaron recommends both.

Does a financial LPA cover my business?

It depends on how the business is set up. A sole trader's business generally falls within the LPA. For a limited company, it depends on the articles of association. Take specific advice.

Can my attorney make a will on my behalf?

No. An attorney cannot make or change your will under any type of LPA. Only the Court of Protection can authorise a "statutory will". It can do so only if you lack capacity to make a will and the will is in your best interests.

Next step

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Important

This guide contains general information about the law of England and Wales as at March 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).