A Lasting Power of Attorney (LPA) is one of the most important legal documents you can have in the UK — and one of the most frequently left until it's too late to set up.

An LPA gives someone you trust the legal authority to make decisions on your behalf if you lose mental capacity. Without one, even a spouse or adult child has no automatic right to manage your finances or make medical decisions. They would have to apply to the Court of Protection — a process that takes months and costs thousands of pounds.

The two types of LPA

Property and Financial Affairs LPA

Covers decisions about your bank accounts, property, investments, and paying bills. Your attorney can act on your behalf while you still have capacity if you want them to — useful if you travel frequently or have complex finances.

Health and Welfare LPA

Covers decisions about your medical treatment, living arrangements, and day-to-day care. This LPA can only be used when you have lost mental capacity. You can include instructions about life-sustaining treatment.

The critical rule: you must have capacity to set one up

This is where most people go wrong. An LPA can only be created while you have mental capacity — while you understand what the document means and what authority you are granting. If you have a stroke, develop dementia, or are in a serious accident before setting one up, it is too late.

Many people assume they'll get round to it "when I'm older." The reality is that the average age of LPA creation in the UK is around 74 — by which point many people are already experiencing cognitive decline.

Who should you appoint?

Your attorney must be 18 or over and have mental capacity themselves. You can appoint:

  • One person (simpler, but what if they're unavailable or die first?)
  • Multiple attorneys acting jointly (all must agree on every decision)
  • Multiple attorneys acting jointly and severally (can act alone or together — usually more practical)

You should also appoint a replacement attorney in case your primary choice is unable to act.

Cost and registration

Each LPA costs £82 to register with the Office of the Public Guardian (OPG). If you're on certain means-tested benefits, you may qualify for a 50% remission. Once submitted, registration currently takes 8–20 weeks. The LPA is not valid until it is registered.

Already have an Enduring Power of Attorney (EPA)? EPAs were replaced by LPAs in 2007 but existing registered EPAs remain valid for property and financial decisions. They do not cover health and welfare, so you may still need a Health and Welfare LPA.