Lasting Power of Attorney, Explained (2026)

If an illness, accident or dementia left you unable to make decisions, who would step in? Without a Lasting Power of Attorney (LPA), the answer isn't automatically a spouse or child — it's a slow, costly application to the Court of Protection. Setting up an LPA now, while you have capacity, avoids that.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that lets you (the "donor") appoint one or more people (your "attorneys") to make decisions on your behalf if you're unable to make them yourself. It's set up under the Mental Capacity Act 2005 and registered with the Office of the Public Guardian (OPG).

An LPA only has legal force once it's registered. Unregistered forms have no effect, however carefully they've been filled in.

What are the two types of LPA?

You can set up two separate LPAs, each covering different territory. They work independently — you can have one without the other, but most solicitors and advice charities recommend both, because each fills a gap the other doesn't.

How do you set up an LPA?

1. Choose your attorneys. You can appoint one or several. If you appoint more than one, decide whether they must act jointly (agree on everything) or jointly and severally (each can act alone). You can also name replacement attorneys, in case your first choice can't act later.
2. Complete the forms. You can do this yourself online or on paper via GOV.UK, or with a solicitor. A "certificate provider" — usually someone who's known you for at least two years, or a professional such as a GP or solicitor — must confirm you understand what you're signing and aren't being pressured.
3. Register the LPA. Both the donor and each attorney must sign, and the completed LPA is sent to the Office of the Public Guardian for registration. There's a fee for each LPA registered — check the current amount on GOV.UK's lasting power of attorney guidance, as fees are reviewed periodically. A fee reduction or exemption may apply if you're on a low income or certain benefits.
4. Wait for registration. This typically takes several weeks, longer if the OPG queries anything on the form. Once registered, the LPA can be used when it's needed.

Who should you choose as your attorney?

Choose someone you trust completely — this isn't just about competence, it's about judgement and integrity. Consider:

• Do they live near enough to act practically, or are they comfortable managing things remotely?
• Will they follow your wishes even under family pressure or disagreement?
• For Property & Financial decisions, are they organised and comfortable with paperwork and money?
• If you're naming more than one attorney, will they work together well, or is "jointly and severally" a better fit?

You can add guidance or restrictions in the LPA itself — for example, stating that a family home shouldn't be sold without agreement from all attorneys, or setting out preferences about care and treatment.

When should you set up an LPA?

As early as possible, and while you're well. An LPA is often associated with older age or a dementia diagnosis, but capacity can be lost suddenly through a stroke, brain injury or serious illness at any age. The Alzheimer's Society and Age UK both recommend setting up an LPA well before it's needed, precisely because you can't arrange one retrospectively once capacity is lost.

What happens if there's no LPA and capacity is lost?

If someone loses capacity without an LPA in place, no one automatically has legal authority to manage their affairs — not even a spouse or adult child. A family member (or professional, such as a solicitor) must apply to the Court of Protection to be appointed as a "deputy". This process is:

• Slower — typically taking several months, sometimes longer if the case is contested or complex.
• More expensive — application and ongoing supervision fees apply, and a deputy for financial matters usually needs an annual bond and to file yearly reports.
• More restrictive — the Court of Protection sets out exactly what the deputy can and can't do, and welfare deputyships (as opposed to financial ones) are granted only in limited circumstances.

This is the main reason advice charities and solicitors push people to arrange an LPA early: it's simpler, cheaper and gives you control over who acts for you, rather than leaving that decision to a court.

Does an LPA help with care home decisions and fees?

Yes. A Property & Financial LPA lets your attorney manage income, pay care home fees, deal with the local authority's financial assessment, and — if necessary — sell a property to fund care. A Health & Welfare LPA lets your attorney be consulted on, and where needed decide, where you live and what care you receive, including discussions with the NHS and social care services. Without these in place, decisions about care can be delayed while a deputyship application is processed.

Where can you get help?

This is general information, not legal advice, and it covers England and Wales, where the LPA system is shared. Scotland and Northern Ireland have their own equivalent systems with different forms and rules — check the relevant guidance if you live there. For your own situation, speak to a solicitor specialising in wills and later-life planning, or contact an advice charity such as Age UK or Carers UK. MoneyHelper also has free guidance on managing someone else's money and benefits.