What is a Lasting Power of Attorney (LPA)?

Created: 18 January 2026

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney, often shortened to LPA, is a legal document that lets you choose one or more people you trust to help you make decisions, or make decisions on your behalf, if you’re unable to do so yourself in the future.

The key thing to understand is this:
you create an LPA while you still have mental capacity, so your wishes are known and protected if your circumstances change later on.

Many people think LPAs are only for older people, but that’s not true. Accidents, illness, or unexpected events can happen at any age. An LPA is really about peace of mind and planning ahead, not about expecting the worst.

Why Would Someone Need an LPA?

Without an LPA in place, no one automatically has the legal right to manage your affairs if you lose capacity. Even a spouse or civil partner cannot simply step in.

In that situation, your family may need to apply to the Court of Protection to be appointed as a deputy. This process can be:

• Time‑consuming
• Expensive
• Stressful for loved ones
• Less flexible than having an LPA

An LPA allows you to:

• Choose who helps you
• Decide what powers they have
• Set out your preferences and instructions
• Avoid unnecessary complications later on

The Two Types of Lasting Power of Attorney

In England and Wales, there are two separate LPAs. You can make either one, or both.

1. Property and Financial Affairs LPA

This LPA covers money and financial matters, such as:

• Managing bank and savings accounts
• Paying bills and household expenses
• Claiming or managing benefits and pensions
• Dealing with investments
• Buying, selling, or managing property

One important feature of this LPA is that, if you choose, it can be used while you still have capacity. For example, you might want help managing finances due to illness, mobility issues, or time constraints.

2. Health and Welfare LPA

This LPA relates to decisions about your personal care and wellbeing, including:

• Medical treatment and healthcare decisions
• Where you live (for example, your own home or a care home)
• Daily routines such as washing, dressing, and eating
• Social care and support services

This LPA can only be used if you lack mental capacity to make the relevant decision yourself.

Some people find this LPA especially important because it gives trusted individuals a clear voice in medical and care discussions.

Who Can Make an LPA?

To make an LPA, you must:

• Be 18 or over
• Have mental capacity at the time you make it
• Understand what the LPA is and what powers you are giving

Mental capacity means you can understand, weigh up, and communicate decisions about the LPA. Importantly, capacity can fluctuate, so LPAs should be made as early as possible rather than waiting until there’s a problem.

Choosing Your Attorney

An attorney is the person you appoint to act on your behalf.

You can choose:

• A trusted family member
• A close friend
• A professional, such as a solicitor

You can appoint:

• One attorney
• More than one attorney (to act jointly, jointly and severally, or in a combination)
• Replacement attorneys in case your original choice can’t act in the future

When choosing an attorney, it’s vital to select someone who:

• Acts honestly and responsibly
• Understands your values and wishes
• Is willing and able to take on the role

You should also discuss the role with them in advance so they know what’s involved.

Safeguards Built Into an LPA

LPAs include several safeguards to protect you, including:

The Certificate Provider

An independent person must confirm that:

• You understand the LPA
• You’re not being pressured or coerced
• You’re making the document freely

This could be someone who knows you well or a professional such as a solicitor or a Social Worker.

Duties of Attorneys

Attorneys are legally required to:

• Act in your best interests
• Follow the Mental Capacity Act
• Keep your money separate from their own
• Keep proper records of decisions

Misuse of an LPA can be investigated by the Office of the Public Guardian (OPG).

Registering the LPA

An LPA is not valid until it is registered with the Office of the Public Guardian.

Key points about registration:

• There is a registration fee (with reductions or exemptions for low income)
• Registration can take several weeks
• You can register it immediately after making it, even if you don’t plan to use it right away

Registering early avoids delays if the LPA is suddenly needed.

Can You Set Limits and Preferences?

Yes – and this is one of the most valuable aspects of an LPA.

You can include:

• Preferences, which guide your attorney but aren’t legally binding
• Instructions, which are legally binding and must be followed

Examples might include:

• How you’d like your money managed
• Religious or cultural preferences
• Views about medical treatment or life‑sustaining care
• Who should be consulted on certain decisions

This helps ensure decisions reflect your values, not just practical considerations.

Can an LPA Be Changed or Cancelled?

As long as you have mental capacity, you can:

• Cancel an LPA
• Make a new one
• Update your attorneys

If an attorney becomes unsuitable, replacement attorneys can step in if you’ve named them.

Once you lose capacity, however, you can no longer change or cancel an LPA.

A Final Thought

A Lasting Power of Attorney isn’t about giving up control — it’s about staying in control by planning ahead.

By making an LPA, you:

• Protect your interests
• Reduce stress for loved ones
• Ensure your wishes are respected
• Prepare sensibly for the unexpected

Many people find that once their LPAs are in place, they feel a genuine sense of relief. It’s one of those documents you hope you never need — but are very glad to have if you do.

You can find the required forms and guidance for completing an LPA on the .GOV website. If you require a LPA mental capacity assessment, or certificate provider, we will be pleased to assist.