What a Lasting Power of Attorney actually does
An LPA is a legal document, made under the Mental Capacity Act 2005, in which you (the "donor") appoint one or more people you trust (your "attorneys") to make decisions on your behalf if you're ever unable to make them yourself.
It's not just for older people, and it's not only about dementia. A stroke, a serious accident, or a spell in hospital can all leave someone temporarily or permanently unable to manage their own affairs — and without an LPA in place, even a husband, wife or adult child usually has no automatic right to step in and deal with a bank, a landlord or the NHS.
The point is to choose, not to be chosen for
An LPA puts you in control of who looks after your money and your care if the worst happens. The alternative — the Court of Protection appointing a "deputy" — is slower, more expensive, and means a court decides who acts for you rather than you choosing in advance.
The two types in England & Wales
You can make either type, or both. Most people set up both so that all the big decisions are covered.
| LPA type | What it covers | When it can be used |
|---|
Health & Welfare
Form LP1H |
Where you live, day-to-day care, medical treatment, and — if you choose to grant it — decisions about life-sustaining treatment |
Only after it's registered and only when you've lost the capacity to make those decisions yourself |
Property & Financial Affairs
Form LP1F |
Bank accounts, bills, pensions, benefits, buying and selling property, managing investments |
As soon as it's registered — with your permission — even while you still have capacity (useful if you're abroad, in hospital, or just want help) |
That timing difference is the key thing people miss: a Property & Financial Affairs LPA can start working straight away if you want help, while a Health & Welfare LPA only ever kicks in if you can no longer decide for yourself.
Who's involved
- The donor — that's you, the person the LPA is about. You must be 18+ and have the mental capacity to understand the LPA at the time you make it.
- The attorney(s) — the person or people you choose to act for you. They must be 18+. You can appoint more than one and say whether they must act jointly (always together) or jointly and severally (together or independently). A property & finances attorney can't be bankrupt.
- The certificate provider — an independent person (someone who's known you at least two years, or a professional such as a doctor or solicitor) who confirms you understand the LPA and that nobody is pressuring you to make it. This is the built-in safeguard against abuse.
- People to notify (optional) — people you choose to be told when the LPA is registered, so they get a chance to raise concerns.
You can also appoint a replacement attorney in case your first choice can no longer act.
How to make and register one
You don't need a solicitor — many people do it themselves — though you can pay for legal help if your situation is complicated.
The steps, in plain English
- Decide which LPA(s) you need — health & welfare, property & finances, or both.
- Choose your attorney(s) and how they act, plus any replacement and any people to notify.
- Fill in the forms. Use the free GOV.UK online service, or the paper forms LP1H (health & welfare) and LP1F (property & financial affairs). Everyone must sign in the correct order.
- Notify the people you listed using form LP3 — they get 3 weeks to raise concerns. The online service fills these in for you.
- Register it with the Office of the Public Guardian (OPG) — the LPA cannot be used until it's registered. Registration takes about 8–10 weeks if there are no mistakes (longer — up to roughly 20 weeks — if there are errors).
You can register the LPA yourself while you still have capacity, or your attorney can register it for you later.
What it costs — and how to pay less
Making the document is free. The cost is the OPG registration fee:
| What | Cost |
|---|
| Register one LPA | £92 |
| Register both (health & welfare + property & finances) | £184 in total |
| Low income (under £12,000 a year) | 50% reduction — £46 per LPA |
| On certain benefits (e.g. Income Support) | You may be able to apply for a full exemption |
| Correcting a mistake and re-applying within 3 months | £46 |
Don't pay over the odds
The £92 is the only fee you have to pay — it goes to the government, not a company. You can complete the whole thing yourself online. To apply for a reduction or exemption, download the "Apply for a reduction or exemption" form (LPA120A) from GOV.UK. Note: from 2 February 2026, simply being on Universal Credit no longer automatically qualifies you for a reduction — check the form for the current benefit list.
Do this now
The single biggest mistake with LPAs is leaving it too late. Here's the fastest safe path:
Set up your LPA
- Start it on GOV.UK. Use the official free service at gov.uk/power-of-attorney — or the Make an LPA online service.
- Need help thinking it through? The Office of the Public Guardian gives free guidance on 0300 456 0300 (Mon, Tue, Thu, Fri 9am–5pm; Wed 10am–5pm).
- Want a person to talk it over with? The free Age UK Advice Line on 0800 678 1602 (8am–7pm, 365 days a year) and Citizens Advice both help with power of attorney.
Register it as soon as the forms are signed — the LPA does nothing until the OPG has registered it.
If you're sorting out an elderly parent's affairs, do it alongside the rest — our caring for an elderly parent guide covers Attendance Allowance, Pension Credit, NHS care funding and more in one place.
If it's already too late: deputyship
You cannot set up an LPA for someone who has already lost the mental capacity to understand it. If that's happened and there's no LPA (or no valid old enduring power of attorney), the route is deputyship.
Deputyship is the slower, costlier fallback
A family member applies to the Court of Protection to be appointed a deputy (most commonly for property & financial affairs; personal-welfare deputyships are rarely granted). It involves an application fee, ongoing supervision by the OPG, and usually an annual report — far more burdensome than an LPA chosen in advance.
This is exactly why making an LPA while you still have capacity matters: it's cheaper, faster, and you stay in control of who acts for you. See GOV.UK's become a deputy guidance, or call the OPG on 0300 456 0300.
Scotland & Northern Ireland: different systems
The LPA system above is for England & Wales only. If you live elsewhere in the UK, don't use the LPA forms — the rules and the bodies are different.
Scotland = Power of Attorney (OPG Scotland)
In Scotland you make a Power of Attorney under the Adults with Incapacity (Scotland) Act 2000: a Continuing Power of Attorney for finances and property, a Welfare Power of Attorney for health and care, or a Combined one covering both.
It must be registered with the Office of the Public Guardian (Scotland) before it can be used. (A welfare power, like the English health & welfare LPA, can only be used once the granter has lost capacity.) See mygov.scot/power-of-attorney.
Northern Ireland = Enduring Power of Attorney (EPA)
In Northern Ireland you can make an Enduring Power of Attorney (EPA), which covers property and financial affairs only — there is currently no health & welfare power of attorney in NI.
An EPA can be used while you still have capacity, but your attorney must register it with the Office of Care and Protection (part of the High Court) as soon as your capacity starts to decline. For health and care decisions where no EPA exists, the courts may instead appoint a controller. See nidirect.gov.uk.