Legal & rights

Lasting Power of Attorney, Explained (2026)

Lasting Power of Attorney explained — the two types and how to set one up, 2026.

A Lasting Power of Attorney (LPA) lets someone you trust make decisions for you if you can't make them yourself. Setting one up early is one of the most important things a family can do — because it must be done before capacity is lost.

The two types

Two separate LPAs Health & Welfare• Medical care decisions• Where you live and your care• Only used if you lack capacity• Can include life-sustaining treatment Property & Financial• Bills, pensions, benefits• Managing bank accounts• Selling a home to fund care• Can be used while you still have capacity
Most people set up both — they cover very different decisions.

How to set one up

Getting an LPA in place 1 Choose Pick attorneys youtrust 2 Complete Fill in the LPAforms 3 Register With the Office ofthe Public Guardian 4 Ready It can be used whenneeded
Registration takes several weeks, so don’t leave it until it’s urgent.
This is general information, not legal advice, and covers England & Wales — Scotland and Northern Ireland differ. For your situation, speak to a solicitor or an advice charity. If capacity is already lost, the alternative is applying to the Court of Protection for deputyship — slower and more costly, which is why an LPA early is so valuable.
💬 Exploring care options? Search care homes near you on AskBart, with CQC ratings and guide prices — or ask Bart for help.

Frequently asked questions

When can an LPA be used?

A Property & Financial LPA can be used (with your permission) while you still have capacity; a Health & Welfare LPA only once you can’t make those decisions yourself.

What if there’s no LPA and capacity is lost?

A family member must apply to the Court of Protection to become a deputy — which takes months and costs more.

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Claire Saltwater

Editor · AskBart

Claire Saltwater is AskBart's Editor and a care-home industry veteran. One of AskBart's earliest team members, she has spent years working in and around social care — so she understands first-hand the difficult, often overwhelming decisions families face when choosing a care home. Claire writes and edits AskBart's advice guides with one goal: clear, genuinely independent information, free of jargon and sales pressure. Away from her desk she loves a good farmers' market and time with her two young children.

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