Lasting powers of attorney: a plain-English guide

The short answer

A lasting power of attorney (LPA) is a legal document that lets you choose people you trust — your attorneys — to make decisions for you. It has to be registered with the Office of the Public Guardian before anyone can use it. It must be made while you still have the mental capacity to make it, which is why it's worth doing while you're well.

Why it matters

Many people assume their husband, wife, partner or children could step in automatically if they became ill. They can't. Being family doesn't give anyone the legal authority to manage your money or make health and welfare decisions for you. Family members can still be consulted about your care, but that isn't the same as being able to decide.

If you no longer have the capacity to make an LPA, you can't make one then. Without an LPA (or a valid older enduring power of attorney), your family may need to apply to the Court of Protection for someone to be appointed as your deputy to handle your finances. That usually takes longer, costs more and involves ongoing supervision. For health and welfare decisions, care professionals generally decide in your best interests after consulting those close to you; the court appoints welfare deputies only in limited circumstances.

The two types

Property and financial affairs

Covers things like paying bills, managing bank accounts, dealing with pensions and benefits, and, if needed, selling your home. Once registered, it can be used while you still have capacity if you give permission — useful if you're in hospital or simply want help — or you can say it may only be used if you lose capacity.

Health and welfare

Covers decisions such as where you live, your day-to-day care and medical treatment. It can only be used when you can't make the decision yourself. You can also choose whether your attorneys may decide about life-sustaining treatment.

The two types cover different decisions, so making both can help you plan for your finances and your health and welfare. Having only one can leave a gap.

Who can be an attorney?

• Someone aged 18 or over, with mental capacity, who you trust and who understands the responsibility — often a husband, wife, partner, grown-up child or close friend. For a property and financial affairs LPA, they must not be an undischarged bankrupt or subject to a debt relief order.
• You can appoint more than one, and choose whether they must decide together, can act together or separately, or must act together on some decisions only.
• You can name replacement attorneys to step in if an attorney can no longer act. Joint appointments need particular care: if one attorney stops acting, the others may not be able to carry on without suitable replacements.

Attorneys must act in your best interests and follow the rules of the Mental Capacity Act. It's worth talking to the people you have in mind before you appoint them.

How the process works

1. Decide who your attorneys will be, and any wishes or instructions you want to include.
2. Complete the forms. They must be filled in exactly right — the Office of the Public Guardian can reject an LPA with mistakes.
3. A certificate provider confirms you understand the LPA and that there's no fraud or undue pressure. They must be 18 or over and either have known you well for at least two years or have relevant professional skills. Some people can't do it — including your attorneys, your or their family members, and certain business or care-home connections. We check this against the official rules.
4. Signing happens in a set order on the same printed original: you sign first, then the certificate provider, then the attorneys and replacements. Your signature and your attorneys' signatures must be witnessed by someone aged 18 or over who is physically present; an attorney can't witness your signature. Electronic signatures and video witnessing aren't accepted.
5. Registration with the Office of the Public Guardian. A registration fee is payable for each LPA (reductions or exemptions may apply on a low income — see GOV.UK for the current fee). GOV.UK says registration currently takes around 8–10 weeks if there are no mistakes, and it can take longer — so it's best not to leave it until it's needed.

Mistakes we often see

• Waiting too long. If capacity is lost first, it's too late to make an LPA.
• Making only one type. A financial LPA doesn't cover health and welfare decisions, and vice versa.
• Errors on the forms or signing in the wrong order, which can lead to the LPA being rejected and delayed.
• Making it but never registering it. An unregistered LPA can't be used.
• Not telling the attorneys where the documents are or what you'd want.

LPAs and your will

An LPA works during your lifetime and ends when you die. Your will takes over from there, through the executors you choose. The two work best together, which is why we often prepare them at the same time. Business owners may also want a separate LPA for business decisions — see our business estate planning page.

If you made an enduring power of attorney before October 2007, it may still be valid — we can check it with you.

How we can help

We prepare both types of LPA, check the forms carefully, guide everyone through the signing, and handle registration with the Office of the Public Guardian. Your first conversation is free, and you'll get a written fixed-fee quote before anything is agreed — see how our fees work, or read more on our lasting powers of attorney page.

This article is general information about the law of England and Wales as at October 2026, not advice on your own circumstances. Rules and fees can change. Sources: GOV.UK, Lasting power of attorney and Deputies.