A Lasting Power of Attorney, often called an LPA, is a legal document that allows you to appoint one or more trusted people to make decisions on your behalf if you lose mental capacity in the future.
You stay in control while you have capacity. Your attorneys only act when legally allowed to do so.
There are two types of LPA: Health and Welfare, and Property and Financial Affairs.
Solicitor fees for setting up a Power of Attorney often range from several hundred to over a thousand pounds, depending on complexity and location.
Power of Attorney Online offers a more affordable alternative, with expert checks to help avoid mistakes and delays, without the cost of traditional solicitor appointments.
The government registration fee is currently £92 per LPA and is paid to the Office of the Public Guardian.
In addition to this, some people choose to pay for professional support to help complete and review their application. The cost of support varies. Solicitors often charge significantly more, sometimes running into the thousands, depending on complexity and time involved. Services like Power of Attorney Online offer a more affordable option, charging £99 per LPA application, plus the £92 OPG registration fee per LPA.
Using a guided online service can help reduce common mistakes that may otherwise lead to delays or rejection during registration.
There are two types of Lasting Power of Attorney in England and Wales:
Health and Welfare LPA
This covers decisions about medical treatment, care, and daily living. It can only be used if you lose mental capacity.
Property and Financial Affairs LPA
This covers decisions about money, property, bills and finances. It can be used once registered, either with your permission or when you lose capacity.
Most people choose to have both to ensure full protection.
You can prove you have authority by providing a certified copy of the registered LPA.
Banks, care providers, and other organisations usually require either the original registered document or a certified copy that includes the official registration stamp from the Office of the Public Guardian.
Yes. A Lasting Power of Attorney can be revoked as long as the donor still has mental capacity.
To revoke an LPA, the donor must create a formal deed of revocation and notify the Office of the Public Guardian. Attorneys should also be informed.
Once mental capacity is lost, an LPA generally cannot be revoked.
An existing LPA cannot usually be amended.
If you want to change details such as attorneys or instructions, you normally need to create a new LPA and register it with the Office of the Public Guardian. The old LPA should then be revoked if appropriate.
No. A Lasting Power of Attorney cannot change a will.
Only the person who made the will can change it and only while they still have mental capacity. Attorneys have no authority to amend a will under any circumstances.
Yes. A Lasting Power of Attorney automatically ends when the donor dies.
After death, responsibility for managing the estate passes to the executor named in the will or appointed by the court.
Minor errors may be corrected if the Office of the Public Guardian identifies them during the registration process.
However, some mistakes cannot be amended and may require a new LPA to be completed and submitted. This is why checking the application carefully before submission is important to avoid delays or rejection.
Yes. A Health and Welfare LPA allows Attorneys to make decisions about care arrangements, including whether the Donor should move into a care home.
These decisions can only be made if the Donor lacks mental capacity to decide for themselves at the time.
No. A Lasting Power of Attorney must be made by the person themselves while they have mental capacity.
You can support someone through the process, but the Donor must understand the LPA and make the decision to create it.
Yes. A person can have more than one LPA, such as a Property and Financial Affairs LPA and a Health and Welfare LPA.
It is also possible to make a new LPA that replaces an existing one, as long as the correct steps are followed.
Most organisations should accept a registered LPA.
If an organisation refuses, they may require a certified copy or need time to verify the document. If problems continue, the Office of the Public Guardian can provide guidance on how to resolve the issue.
If a registered LPA is lost or damaged, the original cannot be replaced. However, the donor or attorney can request an official copy from the Office of the Public Guardian.
Most organisations accept certified copies rather than the original document. It is recommended to keep multiple certified copies and store them securely.
A UK Lasting Power of Attorney is designed to be used in England and Wales. It may be accepted abroad, but this depends on the country and the organisation involved.
Many overseas banks and authorities require additional documentation or a local power of attorney. If you own property or have finances abroad, legal advice in that country is often necessary.
Doctors remain responsible for clinical decisions such as diagnosis, prescribing medication and delivering treatment.
An attorney can make decisions about care and medical treatment only when the donor lacks capacity and only within the scope set out in the LPA. Doctors must still act in line with medical ethics and the law.
Social services can override decisions if they believe an attorney is not acting in the donor’s best interests or if there is a safeguarding concern.
They may intervene where there is risk of harm, neglect, or abuse. Any serious disputes can be referred to the Court of Protection for a legal decision.
If someone has a stroke and loses mental capacity without an LPA, banks usually freeze accounts to protect the person’s finances.
Bills may go unpaid and family members cannot access funds. If an LPA is already in place and registered, the attorney can manage finances immediately within the authority granted.
If a person with dementia never made an LPA and no longer has mental capacity, no one automatically has the right to make decisions for them.
Family members must apply to the Court of Protection to become a deputy. This process is often expensive, slow, and more restrictive than having an LPA in place.
Without an LPA, no one has automatic authority to manage finances or make ongoing care decisions.
Emergency medical treatment will still be provided, but longer term decisions may be delayed. Access to money and decision making usually requires a Court of Protection application.
Doctors will provide necessary treatment based on best interests and medical judgment.
However, without an LPA, family members cannot make binding decisions about care, treatment preferences or discharge arrangements. This can lead to stress, delays, and disagreements.
If both people in a couple lose mental capacity and neither has an LPA, there is no automatic authority for decisions.
Separate Court of Protection applications may be required for each person. This can be complex and emotionally challenging for families.
If parents choose not to set up an LPA, their wishes should be respected while they have capacity.
However, families should understand that without an LPA, there may be limited options if capacity is lost in the future. Open conversations and clear information can help people make informed choices.
Being married or in a civil partnership does not give automatic legal authority to make financial or medical decisions.
Spouses must have a registered LPA to act on each other’s behalf if mental capacity is lost. Without one, the same legal restrictions apply as for any other family member.
A Lasting Power of Attorney does not expire because of age or retirement.
It remains valid until the donor dies, cancels it while they have capacity, or it is ended by the Court of Protection. Many people set up LPAs well before later life as part of future planning.
An LPA allows donors to choose who helps them and how decisions are made.
Attorneys must always follow the Mental Capacity Act, which promotes independence and requires decisions to be made in the least restrictive way possible. An LPA is designed to support, not remove, personal autonomy.
In complex situations such as ongoing family disputes, large estates, or international assets, an LPA may need to be supported by additional legal arrangements.
In rare cases, the Court of Protection may need to step in to resolve disagreements or provide further authority.
A bank should not refuse to accept a properly registered Lasting Power of Attorney, but delays can still happen.
Banks are allowed to carry out their own checks to confirm the LPA is valid and that the attorney’s identity has been verified. If the LPA is registered with the Office of the Public Guardian and covers the relevant decisions, the bank must recognise the attorney’s authority.
If a bank refuses without a valid reason, the issue can be escalated through the bank’s complaints process or raised with the Office of the Public Guardian.
In the UK, being next of kin does not give legal decision making powers.
Without a Lasting Power of Attorney, family members cannot automatically make medical, care, or financial decisions for another adult. Legal authority only comes from an LPA or a court appointment.
A joint bank account only allows access to that specific account.
It does not give authority to manage other finances, deal with investments, sell property, or make care decisions. Banks can also freeze joint accounts if they suspect misuse or safeguarding issues. An LPA provides broader legal authority and protection.
A will only takes effect after death.
It has no legal power while someone is alive, even if they lack mental capacity. A Lasting Power of Attorney is the only way to legally manage decisions during a person’s lifetime.
A medical diagnosis does not automatically mean someone lacks mental capacity.
Capacity is decision specific and time specific. A person may be able to make some decisions but not others. This is why LPAs are designed to protect future decision making while respecting independence for as long as possible.
A deputyship is usually unavoidable when someone has already lost mental capacity and no LPA is in place.
The Court of Protection must then appoint a deputy to make decisions. This process is slower, more expensive, and more restrictive than an LPA, which is why planning ahead is so important.