A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted people to make decisions on your behalf if you lose the mental capacity to do so yourself.
Putting a Lasting Power of Attorney in place ensures your wishes are respected and avoids uncertainty for your loved ones during difficult times.
In England and Wales, LPAs are governed by the Mental Capacity Act 2005 and must be registered with the Office of the Public Guardian before they can be used.
What is a lasting power of attorney?
An LPA gives legal authority to your chosen person (known as your “attorney”) to act for you if you cannot make decisions yourself.
There are two types of LPA:
Property and Financial Affairs LPA
This allows your attorney(s) to manage:
- Bank accounts and bills
- Property (including selling your home)
- Investments and pensions
It can be used while you still have capacity, if you choose.
Health and Welfare LPA
This covers decisions about:
- Medical treatment
- Care arrangements
- Where you live
- Life-sustaining treatment
This type can only be used if you lose mental capacity.
If you’re unsure how mental capacity is assessed, see: Who can assess mental capacity in England and Wales?
You can also read the official UK government overview of LPAs.
Why setting up a Lasting Power of Attorney matters
Without an LPA in place, your family may need to apply to the Court of Protection to make decisions for you. This process can be:
- Time-consuming
- Expensive
- Emotionally difficult
An LPA gives clarity, control, and peace of mind.
Choosing your attorney(s)
Choosing the right attorney is one of the most important decisions you’ll make.
Who can be an attorney?
Your attorney must:
- Be aged 18 or over
- Be someone you trust completely
- Agree to take on the role
They can be:
- Family members (commonly spouses or children)
- Friends
- Professional advisers
- A combination of the above
For a property and financial affairs LPA, your attorney must not be bankrupt or subject to a debt relief order.
What makes a good attorney?
Your attorney should:
- Be trustworthy and reliable
- Be capable of making decisions in your best interests
- Understand the responsibility involved
- Be willing to follow legal duties under the Mental Capacity Act 2005
If you appoint more than one attorney, they should be able to work together effectively.
Should you appoint more than one attorney?
While you can appoint just one, appointing more than one is often advisable because:
- It reduces the risk of misuse
- It provides continuity if one attorney cannot act
How your attorneys make decisions
If you appoint multiple attorneys, you must decide how they act:
Jointly
They must always act together.
Pros:
- Greater oversight
- Reduced risk of misuse
Cons:
- Slower decision-making
- Disagreements can prevent action
Jointly and severally
They can act together or independently.
Pros:
- Flexible and efficient
- Decisions can be made quickly
Cons:
- Less built-in oversight
A combination approach
You can require some decisions to be made jointly and others jointly and severally.
This allows you to balance control and flexibility.
What happens if an attorney can no longer act?
If an attorney:
- Dies
- Loses mental capacity
- Becomes bankrupt (financial LPA only)
…it can affect the validity of your LPA, depending on how it was set up.
If your attorney is your spouse or civil partner, their appointment usually ends if the relationship legally ends—unless you state otherwise.
Appointing replacement attorneys
You can appoint replacement attorneys to step in if your original attorney(s) cannot act. You’ll need to decide:
- Whether replacements step in when one attorney stops acting
- Or only when all original attorneys stop acting
Choose replacements with the same care as your original attorneys.
Adding conditions and restrictions
You can include legally binding instructions that your attorneys must follow. Examples include:
- Restricting certain financial decisions
- Setting rules for selling property
- Requiring consultation with specific people
Be careful: overly complex or unclear instructions can make the Lasting Power of Attorney difficult to use.
Providing guidance to your attorneys
You can also include non-binding guidance to help your attorneys make decisions. This can include:
- Your values and beliefs
- Preferences about care or living arrangements
- Investment preferences
- People you want consulted
This guidance helps ensure decisions reflect what you would have wanted.
Life-sustaining treatment decisions
For a health and welfare LPA, you can choose whether your attorneys can:
- Give consent to life-sustaining treatment
- Refuse life-sustaining treatment
If you already have an advance decision (living will), it’s important to ensure it aligns with your LPA.
For more information, see my guide: Living Wills and Advance Decisions (ADRT): Your guide to the law in England and Wales
The NHS also has some excellent guidance on advance decisions.
Should your attorneys be paid?
In most cases, family and friends act without payment. However, payment may be appropriate if:
- The role is time-consuming
- Care responsibilities are significant
Professional attorneys (such as solicitors) will charge fees, which must be set out clearly in the LPA.
Notifying people when your LPA is registered
You can name up to five people to be notified when your LPA is registered. These people can raise concerns if they believe something is wrong.
Choose people who:
- Know you well
- Have regular contact with you
- Are genuinely interested in your wellbeing
The certificate provider explained
A certificate provider is an independent person who confirms that:
- You understand the LPA
- You are not under pressure
- There is no fraud involved
This is an important safeguard.
Who can act as a certificate provider?
They must:
- Be aged 18 or over
- Either have known you for at least two years
- Or be a professional with relevant expertise (e.g. a doctor or solicitor)
Who cannot act as a certificate provider?
They cannot be:
- A family member
- Related to your attorney(s)
- Your employee or business partner
- An attorney under any LPA or EPA
- Connected to a care home where you live
- A director or employee of a trust corporation acting as your attorney
Importantly, an attorney cannot also act as your certificate provider.
How to make and register a Lasting Power of Attorney
You can begin the process online here: https://www.gov.uk/power-of-attorney/make-lasting-power
It’s important to read the notes provided very carefully before you begin and to ensure the documents are signed in the correct order.
How much does it cost to register a Lasting Power of Attorney?
From 17 November 2025, the cost of registering each LPA is £92. So, if you’re registering both a Property and Financial Affairs LPA and a Health and Welfare LPA, the total cost of registration is £184.
Lasting Power of Attorney: Final thoughts
A Lasting Power of Attorney is one of the most important legal documents you can put in place. It ensures that:
- Decisions about your life are made by people you trust
- Your wishes are respected
- Your loved ones are supported during difficult times
Taking the time to think carefully about your choices now can prevent significant stress and uncertainty later.
This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.
