Estate Planning

What Is a Lasting Power of Attorney UK? (2026 Guide)

An LPA lets you choose who makes decisions for you if you lose capacity. Without one, even your closest family member may have no legal right to manage your money or healthcare.

12 May 2026·7 min read

In plain English

A Lasting Power of Attorney (LPA) is a legal document that appoints one or more trusted people — your “attorneys” — to make decisions on your behalf if you lose mental capacity due to illness, accident, or old age. There are two types: one for property and finances, one for health and welfare. You must register it with the Office of the Public Guardian while you still have capacity — you cannot make one after you have lost it.

Why an LPA matters

Many people assume their next of kin automatically has the right to manage their affairs if they become incapacitated. This is not true in England and Wales. Being someone's spouse, parent, or child gives you no automatic legal authority over their finances or medical decisions.

Without an LPA, if you lose capacity, your family must apply to the Court of Protection for a deputyship order. This takes an average of 6–9 months, costs £1,000–£3,000 in court fees and legal costs, and requires annual reports and ongoing fees. You also lose the ability to choose who acts for you.

The two types of LPA

🏠

Property and Financial Affairs LPA

Authorises your attorney to manage your money, pay bills, operate bank accounts, buy or sell property, and deal with investments.

✓ Can be used as soon as registered
✓ Works even while you have capacity (if you allow it)
✓ Continues to work when you lose capacity

⚕

Health and Welfare LPA

Authorises your attorney to make decisions about your medical treatment, care arrangements, daily routine, and where you live.

✓ Only activates when you lack capacity for that decision
✓ Can include decisions about life-sustaining treatment
✓ Covers care home choices

Most people make both LPAs at the same time. The registration fee is £82 per LPA (£164 total), and the process is the same for each. Making both together saves time and ensures you are fully covered.

How to make an LPA in 2026

Choose your attorneys. Decide who you trust to act for you — and name a replacement attorney in case your first choice is unable to act.
Complete the LPA form. You can use the Government's online service (Make a Lasting Power of Attorney) or a professional service. WillSafe offers an LPA preparation service as an add-on to your will.
Obtain a certificate provider signature. An independent person — a solicitor, GP, or someone who has known you for at least two years — must confirm you understand the LPA and are not being pressured.
Get your attorneys to sign. They must sign and confirm they understand their duties.
Register with the OPG. Send the completed form with a £82 fee to the Office of the Public Guardian. Registration currently takes 8–12 weeks.

Important: register it now, not later

An LPA can only be made while you have mental capacity. If you wait until you are ill or in hospital, it may be too late. The registration process takes 8–12 weeks even after you have completed the form. Make it now, store it safely, and hope you never need to use it.

LPA vs will: what is the difference?

Document	When it applies	What it covers
LPA	During your lifetime (if you lose capacity)	Financial decisions, healthcare decisions
Will	After death	Who inherits, executor, guardians for children

You need both. A will with no LPA leaves your family powerless if you are incapacitated but still alive. An LPA with no will means your estate passes under intestacy rules after death. They work together to give your family complete legal protection.

What attorneys can and cannot do

Attorneys must always act in your best interests, follow the Mental Capacity Act 2005 Code of Practice, and keep records of decisions made. They cannot: make a will on your behalf, make gifts to themselves beyond small seasonal amounts, or act in a way that conflicts with your known wishes.

The Office of the Public Guardian can investigate and remove attorneys who abuse their role. You can also include conditions and restrictions in your LPA to limit what your attorneys can do.

Frequently asked questions

What is the difference between a Lasting Power of Attorney and an ordinary power of attorney?▼

An ordinary (general) power of attorney stops working if you lose mental capacity — the opposite of what you usually need. A Lasting Power of Attorney (LPA) is specifically designed to continue working, or to come into effect, when you lack capacity. It must be registered with the Office of the Public Guardian before it can be used.

When can an LPA be used?▼

A Property and Financial Affairs LPA can be used as soon as it is registered, even while you still have capacity — for example if you are abroad or just want help managing finances. A Health and Welfare LPA can only be used once you lack the mental capacity to make the specific decision in question.

Who can be my attorney?▼

Almost any trusted adult — a family member, friend, or professional such as a solicitor. Your attorney does not need legal qualifications, but they must be over 18 and not bankrupt (for a financial LPA). Choose someone you trust completely and who can make difficult decisions under pressure.

How much does an LPA cost in the UK?▼

The Office of the Public Guardian charges £82 to register each LPA (£164 for both types). This fee may be reduced or waived if your income is below £12,000 per year. There may also be service fees if you use a solicitor or online service to prepare the document.

Can I have more than one attorney?▼

Yes. You can appoint multiple attorneys and specify whether they must act jointly (all must agree on every decision) or jointly and severally (each can act alone). Most people choose jointly and severally for day-to-day flexibility, with a requirement to act jointly for major decisions.

What happens if I lose capacity and have no LPA?▼

Your family must apply to the Court of Protection for a deputyship order. This takes months, costs considerably more than an LPA, requires ongoing annual fees and reporting, and the court chooses the deputy — not you. An LPA is far simpler and keeps you in control while you still can be.

Is an LPA the same as a will?▼

No. A will takes effect only after death and covers how your estate is distributed. An LPA takes effect during your lifetime if you lose capacity. You need both: a will for after death, and an LPA for during life. They are complementary, not alternatives.

Will + LPA bundle — complete protection

A will covers what happens after death. An LPA covers what happens during life. Get both and give your family complete legal protection from £39.99.

See our will & LPA packages

Lasting Power of Attorney: complete guide

Step-by-step LPA setup and registration

Types of LPA UK: property vs health

Which type do you need?

Next of kin UK law: what rights do they actually have?

Less than most people think

What happens if you die without a will UK?

Intestacy rules explained

This article is for general information only and does not constitute legal advice. Laws described apply to England and Wales. Consult a solicitor for advice specific to your circumstances. LPA registration fees and timescales are correct as of May 2026 and subject to change.