A Lasting Power of Attorney is a legal document that allows you to appoint one or more trusted people to make decisions for you if you are no longer able to make those decisions yourself. In England and Wales, it is one of the most important lifetime planning documents a person can put in place because it helps protect your finances, property, care arrangements and medical wishes if illness, accident, dementia or loss of mental capacity affects your ability to make decisions.
Many people search for “what is a power of attorney” when they are trying to understand whether they need legal protection for the future. The short answer is that a power of attorney gives someone else legal authority to act on your behalf. A Lasting Power of Attorney, often called an LPA, is the modern form used in England and Wales for long-term decision-making if you lose mental capacity.
This guide explains the meaning of a Lasting Power of Attorney, the different types of LPA, how to get power of attorney, when an LPA can be used, how much it may cost, and why taking legal advice from a private client lawyer can help reduce the risk of mistakes, family disputes and future safeguarding concerns.
Need advice on making an LPA? Our experienced power of attorney solicitors can help you understand your options, choose the right attorneys and prepare documents that reflect your wishes. To speak to our private client team, call 0800 086 2929, email info@elitelawsolicitors.co.uk, or complete our Free Online Enquiry Form.
What is a Lasting Power of Attorney in England and Wales?
A Lasting Power of Attorney is made under the Mental Capacity Act 2005. It allows a person known as the donor to appoint one or more attorneys to make decisions on their behalf. The donor must be aged 18 or over and must have mental capacity when the LPA is made.
Mental capacity means the ability to make a specific decision at the time the decision needs to be made. A person may have capacity for some decisions but not others. For example, someone may be able to decide what they want to eat but may not be able to understand complex financial decisions. The Mental Capacity Act 2005 is built around important principles, including the presumption that adults have capacity unless it is established otherwise, the right to make unwise decisions, the need to support people to make their own decisions where possible, and the requirement that any decision made for a person who lacks capacity must be in their best interests.
A Lasting Power of Attorney document is therefore not just a form. It is a legal framework for future decision-making. It can help ensure that if you cannot manage your own affairs, the people you have chosen can step in lawfully and practically.
Why make a Lasting Power of Attorney?
An LPA is often associated with old age, but it is relevant for adults at many stages of life. Loss of capacity can arise suddenly after an accident or stroke, or gradually through conditions such as dementia. Without an LPA, your spouse, civil partner, children or close relatives do not automatically have legal authority to manage your finances, deal with property transactions or make decisions reserved to an attorney under a Lasting Power of Attorney. Whilst healthcare professionals will often consult family members, relatives do not automatically have legal authority to make welfare decisions on behalf of an adult who lacks capacity.
If no valid LPA is in place and you lose capacity, your family may need to apply to the Court of Protection for a deputyship order. That process can take longer, cost more and give the court, rather than you, the final say on who should manage your affairs. An LPA allows you to choose your attorneys in advance, decide how they should act, and include appropriate guidance or restrictions.
The two types of Lasting Power of Attorney
There are two types of Lasting Power of Attorney in England and Wales. You can make one or both, depending on your circumstances.
Property and Financial Affairs Lasting Power of Attorney
A Property and Financial Affairs LPA allows your attorneys to deal with financial matters. This can include managing bank and building society accounts, paying bills, collecting income or pensions, dealing with benefits, managing investments, arranging insurance, buying or selling property, and handling tax or administrative matters.
This type of LPA can be used once it has been registered with the Office of the Public Guardian, provided you give permission while you still have capacity. It can also be used after you lose capacity. Some people find this helpful if they are physically unwell, travelling, or simply want trusted assistance with financial administration.
Health and Welfare Lasting Power of Attorney
A lasting power of attorney health and welfare document allows your attorneys to make decisions about personal welfare matters if you no longer have capacity to make those decisions yourself. This may include decisions about medical care, care arrangements, where you live, daily routines, diet, personal care and, if expressly authorised, life-sustaining treatment.
A Health and Welfare LPA can only be used when you lack capacity to make the relevant decision. While you can still decide for yourself, your attorneys cannot override your choices.
How to get Power of Attorney
If you are wondering how to get power of attorney, the process usually involves the following steps.
- Decide which type of LPA you need: Property and Financial Affairs, Health and Welfare, or both.
- Choose your attorneys carefully. They should be trustworthy, organised, willing to act, and able to make decisions in your best interests.
- Decide whether attorneys should act jointly, jointly and severally, or jointly for some decisions and jointly and severally for others.
- Consider whether to appoint replacement attorneys in case your first-choice attorneys cannot act.
- Complete the official LPA forms, including any preferences, instructions and certificate provider details.
- Ensure the forms are signed in the correct order by the donor, certificate provider, attorneys and witnesses.
- Register the LPA with the Office of the Public Guardian before it can be used.
Registration is essential. An LPA is not legally effective for use until it has been registered by the Office of the Public Guardian. The official GOV.UK guidance states that registration usually takes several weeks if there are no mistakes in the application.
Who should you choose as your attorney?
Your choice of attorney is one of the most important decisions you make when creating an LPA. Attorneys have significant authority and may need to make sensitive decisions at difficult times. Many people appoint a spouse, adult child, sibling, close friend or trusted professional. The right choice will depend on your family circumstances, the complexity of your assets, and the level of support you may need in the future.
For financial decisions, you may want someone who is comfortable dealing with paperwork, banks, pensions, tax and property. For health and welfare decisions, you may want someone who understands your values, beliefs, care preferences and medical wishes. Some people choose different attorneys for each type of LPA because the skills required are not always the same.
Can attorneys act together or separately?
Attorneys can be appointed in different ways. If attorneys act jointly, they must make every decision together. This provides shared control but can create practical difficulties if one attorney is unavailable or if relationships break down. If attorneys act jointly and severally, they can make decisions together or independently. This is more flexible but requires a high level of trust.
You can also specify that attorneys act jointly for certain major decisions, such as selling your home, and jointly and severally for routine decisions. A solicitor can help you choose an arrangement that balances protection, practicality and family dynamics.
Attorneys must always apply the principles of the Mental Capacity Act 2005, including the requirement to support the donor to make their own decisions wherever possible before concluding that they lack capacity.
Power of attorney cost: what does an LPA cost?
When people search for “power of attorney cost” or “how much does a solicitor charge for power of attorney”, they are usually asking about two different types of cost: the Office of the Public Guardian registration fee and any professional legal fees for advice and preparation.
The Office of the Public Guardian charges a registration fee for each LPA. Reduced fees or exemptions may be available depending on the donor’s financial circumstances. Because government fees can change, it is sensible to check the current fee before submitting an application.
Solicitors’ fees vary depending on the complexity of the matter, whether you are making one or both types of LPA, how many attorneys are involved, whether bespoke instructions are needed, and whether there are capacity, family, business, property or safeguarding issues. A private client lawyer should provide clear information about fees before work begins.
What duties do attorneys have?
Attorneys must act within the authority given by the LPA and must follow the Mental Capacity Act 2005 and its Code of Practice. Where the donor lacks capacity, attorneys must act in the donor’s best interests. They must also consider the donor’s past and present wishes, feelings, beliefs and values where these are relevant.
Financial attorneys should keep the donor’s money separate from their own, keep proper records, avoid conflicts of interest, and avoid using the donor’s assets for their own benefit. Health and welfare attorneys should involve the donor as much as possible, consult appropriate people where relevant, and remember that capacity is decision-specific.
Why legal safeguards matter
An LPA can be extremely helpful, but it also gives attorneys significant responsibility. Poorly drafted instructions, unsuitable attorney appointments or misunderstandings about the attorney’s role can create difficulty later. Common problems include family disagreement, uncertainty about whether attorneys can act independently, confusion over gifts, disputes about care decisions, and problems with banks or care providers where forms have not been completed correctly.
The Court of Protection can intervene if an attorney acts outside their authority or fails to act in the donor’s best interests. In Re Buckley, the Court of Protection revoked an LPA after serious concerns about how the attorney managed the donor’s funds. The case is a useful reminder that attorneys cannot simply do whatever they like with a donor’s money. Managing someone else’s assets is different from managing your own, and attorneys must act carefully, loyally and for the donor’s benefit.
Similarly, cases involving attorney conflict and misuse of donor funds show why careful planning at the outset matters. A well-prepared LPA should not simply appoint people; it should help avoid foreseeable problems by making the donor’s wishes clear and structuring authority appropriately.
Lasting Power of Attorney and Enduring Power of Attorney
Before LPAs were introduced, many people made an Enduring Power of Attorney, known as an EPA. EPAs could only cover property and financial affairs, not health and welfare decisions. It is no longer possible to create a new EPA, but an EPA made validly before 1 October 2007 may still be used, subject to the relevant rules. If the donor is losing or has lost capacity, the EPA must usually be registered with the Office of the Public Guardian.
If you already have an enduring power of attorney, it is sensible to review whether it still meets your needs. You may wish to create a Health and Welfare LPA as well, or update your financial planning if the EPA no longer reflects your circumstances.
What happens if you do not have a Lasting Power of Attorney?
If you lose capacity without a valid LPA, those close to you may face practical and legal barriers. Banks may freeze access, property transactions may be delayed, bills may become difficult to manage, and health or care decisions may become more complicated. Your family may need to apply to the Court of Protection for a deputyship order.
Deputyship can be appropriate where no Property & Finance LPA exists, but it is usually more reactive. The court decides who should act, the deputy’s powers may be more limited, and there may be ongoing reporting or supervision requirements. By making an LPA while you have capacity, you retain more control over who acts for you and how decisions should be approached.
A real-life example: Kate Garraway and Derek Draper
The practical importance of having a Lasting Power of Attorney was widely highlighted during the Covid-19 pandemic through the experience of broadcaster Kate Garraway and her husband, Derek Draper. Derek became seriously ill with Covid-19 in 2020 and lost capacity for a prolonged period. Because appropriate powers of attorney were not in place, Kate reportedly faced significant difficulties dealing with financial, administrative and medical matters connected with Derek’s affairs.
Public reports described problems accessing accounts, dealing with household finances, managing arrangements in Derek’s name and obtaining medical information because she did not automatically have legal authority simply by being his wife. Their experience illustrates a point that affects many families: marriage, civil partnership or being next of kin does not automatically give someone the legal power to manage another adult’s finances or make all health and welfare decisions if that person loses capacity.
This example is a helpful reminder that Lasting Powers of Attorney are not only relevant for older people. Sudden illness or accident can affect anyone. Putting an LPA in place while you have capacity can give your chosen attorneys the legal authority they need to act quickly, reduce stress for loved ones and avoid the delay and cost of a Court of Protection application.
Can you make a Lasting Power of Attorney without a solicitor?
It is possible to make an LPA without a private client lawyer by using the official forms. For straightforward circumstances, some people may choose to do this. However, LPAs are frequently rejected or delayed because forms are signed in the wrong order, details are inconsistent, instructions are unclear, or the donor has not appreciated the legal effect of what is being signed.
Legal advice can be particularly valuable if there are blended families, family tensions, high-value assets, business interests, overseas assets, concerns about undue influence, questions about capacity, vulnerable beneficiaries, complex care needs, or a wish to include bespoke instructions. A private client lawyer can also advise on whether the proposed attorneys are suitable and whether replacement attorneys should be appointed.
Why choose our Lasting Power of Attorney solicitors?
Elite Law Solicitors assists clients with lifetime planning, Wills, estate administration and private client matters. When preparing a Lasting Power of Attorney, our role is to help you understand your options, structure the document correctly, and reduce the risk of future difficulties for your family.
Clients often come to us because they want more than a completed form. They want careful advice on who to appoint, how attorneys should make decisions, whether guidance or restrictions should be included, and how the LPA fits alongside their Will, estate planning and wider family circumstances.
Our approach is practical, clear and tailored to the laws of England and Wales. We explain the process in plain English, identify issues that may not be obvious at the outset, and help ensure the document reflects your wishes as accurately as possible.
Elite Law Solicitors has received over 1,600 reviews on ReviewSolicitors. That independent client feedback helps demonstrate the firm’s commitment to client care, communication and trusted legal support.
Ready to put a Lasting Power of Attorney in place? Speak to Elite Law Solicitors for clear, practical advice tailored to your circumstances. Call 0800 086 2929, email info@elitelawsolicitors.co.uk, or complete our Free Online Enquiry Form to request a confidential discussion.
When should you make a Lasting Power of Attorney?
The best time to make an LPA is while you are well and able to make decisions confidently. An LPA cannot be made after capacity has been lost. Waiting until there is a crisis can make the process more difficult, especially if there are medical concerns, family disagreements or urgent financial decisions to make.
Common life stages for reviewing or making LPAs include buying property, retirement planning, being diagnosed with a medical condition, supporting elderly parents, making or updating a Will, starting care planning, running a business, or wanting to make things easier for family members in the future.
Speak to Elite Law Solicitors about a Lasting Power of Attorney
If you would like advice on making a Lasting Power of Attorney, our private client team can guide you through the process and help you decide what is right for your circumstances.
To discuss a Lasting Power of Attorney, call us today on 0800 086 2929, email info@elitelawsolicitors.co.uk, or complete our Free Online Enquiry Form.
Frequently asked questions about Lasting Power of Attorney
What is the difference between a power of attorney document and a Lasting Power of Attorney?
A power of attorney is a general term for a legal document giving another person authority to act on your behalf. A Lasting Power of Attorney is the specific form used in England and Wales for future decision-making if you lose mental capacity. It must be made while you have capacity and must be registered with the Office of the Public Guardian before it can be used.
How do you get power of attorney for an elderly parent?
An elderly parent can only make an LPA if they still have mental capacity to understand the nature and effect of the document. You cannot simply obtain power of attorney over someone. The parent must choose to appoint attorneys and must sign the LPA voluntarily. If capacity has already been lost, the appropriate route may be an application to the Court of Protection for deputyship.
If you are unsure how to raise the subject, it can help to approach the conversation gently and explain that putting an LPA in place is about respecting your loved one’s wishes and making future decisions easier for everyone involved.
Can a Lasting Power of Attorney be challenged?
Yes. Concerns can be raised before registration or after registration. Objections may relate to issues such as lack of capacity, pressure or undue influence, fraud, unsuitable attorneys, or an attorney acting outside their authority. The Office of the Public Guardian and the Court of Protection have powers to investigate and intervene where necessary.
Can an attorney make gifts under a Lasting Power of Attorney?
An attorney’s authority to make gifts is limited. Small customary gifts may be permitted in appropriate circumstances, such as birthday or seasonal gifts, provided they are reasonable and in the donor’s best interests. Larger gifts, inheritance tax planning gifts, loans to attorneys, transactions involving conflicts of interest or transfers of property will generally require Court of Protection approval.
Does a Lasting Power of Attorney replace a Will?
No. A Lasting Power of Attorney and a Will do different things. An LPA operates during your lifetime and helps manage decisions if you cannot make them yourself. A Will takes effect after death and sets out who should inherit your estate. Most people should consider both documents as part of sensible private client planning.
Can I change or cancel my Lasting Power of Attorney?
You can cancel an LPA while you have mental capacity, provided the correct steps are followed. You may wish to do this if an attorney has died, relationships have changed, your wishes are different, or you want to appoint different people. If the LPA has already been registered, the Office of the Public Guardian must usually be notified.
How long does a Lasting Power of Attorney last?
A valid LPA can continue for the donor’s lifetime unless it is revoked, cancelled, replaced or brought to an end by law. It ends when the donor dies. After death, attorneys no longer have authority under the LPA; responsibility usually passes to the executors or administrators of the estate.
Do married couples still need a Lasting Power of Attorney?
Yes, many married couples and civil partners still need LPAs. Marriage or civil partnership does not automatically give one person legal authority to manage the other’s bank accounts, sell jointly owned or solely owned property, or make all health and welfare decisions. An LPA can provide clear authority and reduce practical difficulties.
Key takeaway on LPAs
Key takeaway on LPAsA Lasting Power of Attorney is a practical and protective legal document. It allows you to decide who should make important decisions for you if you cannot do so in the future. For many people, making both a Property and Financial Affairs LPA and a Health and Welfare LPA provides reassurance that financial, care and medical matters can be handled by people they trust.
If you would like tailored advice about making a Lasting Power of Attorney, contact our specialist private client lawyers today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk, or completing our Free Online Enquiry Form.
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified private client solicitors such as those within our firm.
