Lasting power of attorney and later-life planning
A lasting power of attorney (LPA) is a legal document that lets you choose people you trust to make decisions for you if you cannot make them yourself. In England and Wales there are two types, one for money and property and one for health and care, each registered with the Office of the Public Guardian.
This guide is general information, not legal or financial advice. It may help if you are planning ahead for yourself or talking with a parent about their wishes.
The two types of lasting power of attorney
Property and financial affairs
This covers decisions such as paying bills, managing bank accounts, collecting pensions and benefits, and selling or letting a home. You can allow your attorneys to use it once it is registered, with your permission, or only if you lose mental capacity.
Health and welfare
This covers decisions about daily care, medical treatment and where you live, and can include life-sustaining treatment if you choose. It can only be used when you are unable to make the decision yourself.
You can make one type or both. Each is a separate document with its own registration.
Choosing attorneys and a certificate provider
Attorneys are often family members or close friends, but can be a professional such as a solicitor, who will usually charge. They must be 18 or over. You can decide how they make decisions together and add instructions or preferences.
Each LPA also needs a certificate provider: someone who confirms you understand the LPA and are not being pressured. This must be someone who has known you well for at least two years, or a professional such as a doctor or solicitor.
Registering an LPA and the fee
An LPA cannot be used until it is registered with the Office of the Public Guardian. There is a registration fee for each LPA, currently £92, with reductions or exemptions for people on lower incomes or certain benefits. Check the current fee and eligibility on gov.uk before applying.
You can complete the forms yourself using the gov.uk service. The Office of the Public Guardian has been moving towards a more digital process, so the steps may change.
Some people use a solicitor, particularly where finances, property or family circumstances are complex. That adds a professional fee but can help make sure the LPA reflects your wishes.
What happens without an LPA
If someone loses capacity without an LPA, their family has no automatic right to manage their finances, even a spouse. Joint bank accounts may be restricted. Usually someone must apply to the Court of Protection to become a deputy, which can take time, involves fees and comes with ongoing supervision.
LPAs, equity release and property decisions
A property and financial affairs attorney may be able to sell or let the home, or arrange borrowing such as equity release, if the LPA allows it and the decision is in the person's best interests. Lenders and advisers usually have extra checks where an attorney is involved, and some decisions may need Court of Protection approval.
Attorneys also have limited powers to make gifts on your behalf, usually modest ones on occasions such as birthdays. Our guide to gifting money to family explains why this matters for estate planning.
If care funding decisions arise, an attorney can act for you. See paying for care. For family conversations, talking to parents about equity release safely may help.
Scotland and Northern Ireland
The rules above apply in England and Wales. Scotland and Northern Ireland have their own powers of attorney and registration bodies.
Next steps
A solicitor can help with drafting or complex situations. If property or equity release is involved, an FCA-regulated adviser can explain how the options work with an attorney.
Not sure which option fits your circumstances?
Written and reviewed by the Later Life editorial team. Last updated .
Frequently asked questions
When can I make a lasting power of attorney?
You can make one at any time from age 18, as long as you have the mental capacity to understand what you are signing. It cannot be made once capacity has been lost, which is why many people arrange one while they are well. It then sits in place until it is needed, and you can cancel it while you still have capacity.
Can my attorney use my LPA straight away?
A property and financial affairs LPA can be used as soon as it is registered, with your permission, if you choose that option. You can instead say it may only be used if you lose capacity. A health and welfare LPA can only be used once you are unable to make the decision yourself.
Can I choose more than one attorney?
Yes. You can appoint several attorneys and decide whether they must make decisions together (jointly), can act separately (jointly and severally), or a mix of both for different decisions. You can also name replacement attorneys in case someone cannot act. It helps to talk openly with the people you choose about your wishes.
What happens if someone loses capacity without an LPA?
Family members, including a spouse, do not automatically have authority over that person's finances. Someone usually has to apply to the Court of Protection to be appointed as a deputy. This can take longer and involve more cost and ongoing supervision than an LPA. A solicitor can explain the process if you are facing it now.
Does a lasting power of attorney work in Scotland or Northern Ireland?
Lasting powers of attorney cover England and Wales. Scotland uses continuing and welfare powers of attorney, registered with the Office of the Public Guardian (Scotland), and Northern Ireland uses enduring powers of attorney. If you own property or live in more than one part of the UK, a solicitor can explain which documents you may need.