Types of Lasting Power of Attorney UK: Which Do You Need?
There are two types of Lasting Power of Attorney (LPA) in England and Wales: one covers your property and finances, the other covers your health and personal welfare. They are separate legal documents, registered separately with the Office of the Public Guardian (OPG), and they do very different jobs. This guide explains what each covers, when it can be used, and why most people benefit from having both.
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 trusted people (your "attorneys") to make decisions on your behalf if you ever lose the mental capacity to make them yourself. Mental capacity can be lost suddenly — through a stroke, brain injury, or serious accident — or gradually, through conditions such as dementia or Parkinson's disease.
The key point is that you must have mental capacity when you make and register your LPA. Once capacity is lost, it is too late. An LPA must be made in advance, which is why acting sooner rather than later matters for everyone over 18, not just older people.
LPAs are governed by the Mental Capacity Act 2005 and are registered with and overseen by the Office of the Public Guardian (OPG). There are exactly two types available in England and Wales, and each one uses a different official form.
The two types of LPA explained
1. Property & Financial Affairs LPA (form LP1F)
This LPA gives your attorney authority to manage your financial affairs. It covers a wide range of decisions, including:
- ✓ Managing your bank and building society accounts
- ✓ Paying bills, rent, or mortgage payments on your behalf
- ✓ Buying, selling, or renting out property
- ✓ Managing investments, savings, and pensions
- ✓ Claiming or managing benefits and tax credits
- ✓ Dealing with HMRC and completing tax returns
Important: A Property & Financial Affairs LPA can be used while you still have mental capacity, as long as you consent to your attorney acting. This makes it useful even in situations where you have not lost capacity — for example, if you are hospitalised for a period and cannot get to the bank, or if you are travelling abroad. You can restrict or withdraw your attorney's authority at any time while you retain capacity.
2. Health & Welfare LPA (form LP1H)
This LPA gives your attorney authority to make decisions about your personal care, daily life, and medical treatment. It covers decisions such as:
- ✓ Where you live — at home, with family, or in a care home
- ✓ Who provides your care and how
- ✓ Medical treatment decisions made by healthcare professionals
- ✓ Your daily routine — diet, dress, activities, and social contact
- ✓ Life-sustaining treatment (if you choose to grant this authority)
Critical distinction: Unlike the financial LPA, a Health & Welfare LPA can only be used when you have lost the mental capacity to make the specific decision in question. Your attorney cannot use it to override decisions you are perfectly capable of making yourself. This type of LPA is especially important for end-of-life decisions — without it, medical professionals are not legally obliged to consult your family, even your spouse, about your treatment.
Side-by-side comparison
| Feature | Property & Financial Affairs (LP1F) | Health & Welfare (LP1H) |
|---|---|---|
| What it covers | Bank accounts, property, bills, investments, benefits | Medical treatment, care home decisions, daily routine, life-sustaining treatment |
| When it activates | As soon as registered (with your consent) OR only after loss of capacity — your choice | Only when you have lost mental capacity to make the specific decision |
| Official form | LP1F | LP1H |
| OPG registration fee | £82 | £82 |
| Attorney must not be bankrupt? | Yes — a bankrupt person cannot act as attorney for finances | No restriction on this ground |
| Who typically appoints | Anyone with property, savings, or financial commitments | Anyone who has views on their medical care or end-of-life treatment |
| Useful before capacity is lost? | Yes — can help if temporarily hospitalised or incapacitated | No — only comes into force on loss of capacity |
Should you get one LPA or both?
The short answer is: ideally both. The two LPAs cover entirely different areas of your life. A financial LPA does nothing to protect your medical wishes, and a health LPA gives your attorneys no authority to manage your money. If you only make one and need the other, it may be too late — you need capacity to make each LPA.
Consider a scenario: you suffer a severe stroke. You can no longer communicate clearly or manage your finances. Without a Property & Financial Affairs LPA, your family cannot access your bank account to pay your mortgage or bills. Without a Health & Welfare LPA, healthcare staff are not obliged to follow your family's wishes about your treatment or care placement.
Making both LPAs at the same time is also more economical in terms of time and effort — you can appoint the same attorneys, use the same certificate provider, and go through the OPG registration process once for both documents.
Who can you appoint as your attorney?
Your attorney must meet the following requirements:
- ✓ Aged 18 or over at the time of signing
- ✓ Have mental capacity themselves
- ✓ Not subject to a debt relief order (for financial LPAs)
- ✓ Not bankrupt or subject to an interim bankruptcy order (for financial LPAs)
There are no other legal restrictions. Most people appoint a spouse or civil partner, an adult child, a close friend, or a professional such as a solicitor or accountant. You can appoint more than one attorney and specify whether they must act jointly (always together, which provides a check but can cause deadlock) or jointly and severally (independently or together, which is more practical).
You can also name replacement attorneys to step in if an original attorney is unable or unwilling to act. This is strongly recommended — without a replacement, if your sole attorney dies or loses capacity, the LPA ceases to function and your family may need to apply for a Deputyship order.
The OPG registration process
An LPA is not valid until it has been registered with the Office of the Public Guardian. Registration must be applied for before the LPA is needed — ideally as soon as you have signed the forms.
The current registration fee is £82 per LPA (£164 for both types), payable directly to the OPG. Registration typically takes 8 to 20 weeks depending on whether you apply online or by post and whether the OPG has any queries about your application. You can apply online at gov.uk using the Make, Register or End a Lasting Power of Attorney service.
The official forms you complete are the LP1F (Property & Financial Affairs) and the LP1H (Health & Welfare). These are OPG forms and are submitted directly to the OPG. You do not need a solicitor to complete or submit them.
About our LPA Guidance Pack: WillSafe UK sells a guidance pack that explains the OPG process in plain English — how to complete the LP1F and LP1H forms, who needs to sign and in what order, what a certificate provider does, and what to expect during registration. You use the official OPG forms and register directly with the OPG yourself. Our pack helps you understand and prepare; we do not complete or submit the forms on your behalf.
Common mistakes to avoid
Waiting until it is too late
This is the most common and most costly mistake. You must have mental capacity to make an LPA. If you delay and then lose capacity — whether through illness, accident, or cognitive decline — you can no longer make one. Your family's only option is an expensive, slow Court of Protection Deputyship application. Making your LPA while you are well and able is the single most important action you can take.
Completing the forms but not registering
A signed but unregistered LPA cannot be used. It has no legal effect until the OPG has processed and stamped it. Many people fill in the forms and then put them in a drawer, intending to register them "when needed". By then, it may be too late. Register as soon as the forms are properly signed and witnessed.
Getting the signing order wrong
The OPG requires signatures in a specific order: the donor signs first, then the certificate provider, then each attorney. Getting this order wrong will cause the OPG to reject your application and you will need to restart — and pay the £82 fee again. Our LPA Guidance Pack includes a step-by-step signing checklist to prevent this.
Only making one type of LPA
As explained above, the two LPAs cover different aspects of your life. Making only the financial LPA leaves your healthcare decisions unprotected. Making only the health LPA leaves your finances unmanaged. Most people who go to the effort and cost of making one LPA should consider making both at the same time.
Frequently asked questions
Can I have the same attorney for both types of LPA?+
Yes. There is nothing to stop you appointing the same person as your attorney on both your Property & Financial Affairs LPA and your Health & Welfare LPA. In fact, many people do exactly this, often a spouse or trusted adult child. You simply complete the two separate forms (LP1F and LP1H) and name the same attorney on each. It is worth thinking about whether the same person is suited to both roles, though: managing finances requires different skills to making medical decisions.
How much does it cost to register an LPA with the OPG?+
The Office of the Public Guardian charges £82 to register each LPA, so £164 in total if you register both types. If you or your donor is on certain means-tested benefits, the fee may be reduced or waived entirely — you can apply for a remission or exemption on form LPA120 when you submit. These fees are paid directly to the OPG and are separate from the cost of any guidance or assistance you use to prepare the forms.
Can I cancel an LPA once I've registered it?+
Yes, provided you still have mental capacity. You can revoke (cancel) a registered LPA at any time by completing a deed of revocation, having it witnessed, and notifying the OPG. You should also inform your attorneys and any relevant third parties such as your bank. Once revoked, the LPA has no further legal effect. If you want to make changes — for example, to appoint a different attorney — you must revoke the existing LPA and create a new one, as registered LPAs cannot be amended.
What happens if I lose mental capacity without an LPA?+
Without an LPA in place, your family or loved ones cannot legally manage your finances or make healthcare decisions on your behalf, even if they are your spouse. They would need to apply to the Court of Protection for a Deputyship order. This process typically takes 4–6 months (sometimes longer), costs significantly more than an LPA — the Court application fee alone is £371, and there are ongoing annual supervision fees — and gives the court continuing oversight of your affairs. An LPA, made in advance while you have capacity, is far simpler, quicker, and keeps you in control of who acts for you.
Do I need an LPA if I already have a will?+
Yes. A will and an LPA do completely different jobs. A will only takes effect after you die and deals with distributing your estate. An LPA operates during your lifetime, if you lose mental capacity. Without an LPA, your will offers no protection whatsoever to you or your family while you are still alive but unable to make decisions. Everyone who has a will should also consider making both types of LPA.
Ready to set up your LPA?
Our LPA Guidance Pack walks you through both types of LPA step by step: choosing your attorneys, appointing a certificate provider, following the correct signing order, and submitting to the OPG. Written in plain English, with no legal jargon.
You complete the official OPG forms (LP1F and LP1H) and register directly with the OPG. We give you the knowledge to do it confidently.
Related guides
- Lasting Power of Attorney Guide: Everything You Need to Know
- What Happens If You Die Without a Will in the UK?
- Executor Duties: A Step-by-Step Guide
Self-help guide, not legal advice. WillSafe UK is a trading name of WSC Group Ltd. We are not solicitors and we do not provide legal advice. Our LPA Guidance Pack is an educational resource explaining the process of setting up a Lasting Power of Attorney in England & Wales. We do not submit LPA applications on your behalf. You complete the official OPG forms (LP1F and LP1H) and register them yourself directly with the Office of the Public Guardian. For complex circumstances, please consult a qualified solicitor. See our full disclaimer.