Lasting Power of Attorney and Wills

What is a lasting power of attorney?

A lasting power of attorney (LPA) is a legal document that lets you appoint someone to make decisions on your behalf if you become unable to make them yourself. Unlike a will — which only takes effect after death — an LPA is designed for use during your lifetime.

There are two types of LPA:

• Property and financial affairs — covers decisions about your money, property, bills, and investments
• Health and welfare — covers decisions about your medical treatment, care, and where you live

You can set up one or both, and you can appoint different people for each.

How is an LPA different from a will?

| | Will | LPA | |---|------|-----| | When it takes effect | After death | During your lifetime | | What it covers | Distribution of your estate | Decisions about your finances and/or health | | Who acts | Executors | Attorneys | | Legal requirement | Valid execution and witnessing | Valid execution order and registration with the Office of the Public Guardian |

A will and an LPA serve completely different purposes, but together they form a comprehensive plan that covers you during your lifetime and after death.

Why do you need an LPA as well as a will?

A will only deals with what happens after you die. But what happens if you're alive but unable to manage your own affairs? This could happen due to:

• Dementia or cognitive decline
• A serious accident or illness
• A stroke or brain injury

Without an LPA, your family may need to apply to the Court of Protection for deputyship or specific orders. That process is often slower and more costly than having a registered LPA already in place.

Who should you appoint as attorney?

Your attorneys should be:

• People you trust completely with your finances and/or health decisions
• Capable and willing to take on the responsibility
• Available and accessible when needed

Common choices include a spouse, adult child, sibling, or close friend. You can appoint the same person as both your attorney and your executor, or different people for each role.

Jointly and severally

You can appoint attorneys to act:

• Jointly — they must all agree on every decision
• Jointly and severally — they can act together or independently
• Jointly for some decisions, jointly and severally for others — a flexible middle ground

For practical purposes, "jointly and severally" is often the most convenient arrangement.

When should you set up an LPA?

The critical point: you can only create an LPA while you still have capacity for that decision. If you wait until you need one, it may be too late.

The minimum age to make an LPA is 18.

Many people set up their LPA at the same time as writing their will — it makes sense to plan for both scenarios at once.

How much does an LPA cost?

• Registration fee: check the latest official fee before submitting. (Form LPA120 version 02.26 indicates a remission fee of £46, which is half-fee.)
• Professional help: £150–£500+ per LPA, depending on the provider
• Fee exemption: available if you receive certain means-tested benefits

You can complete the forms yourself using the government's online service, or use a professional for guidance.

What if you don't have an LPA?

Without an LPA, if you lose mental capacity:

• Your family cannot access your bank accounts or manage your property
• Someone may need to apply to the Court of Protection for deputyship
• The court decides who manages your affairs — it may not be the person you'd choose
• The process can take months and may involve ongoing supervision/reporting obligations

Completing your plan

A will and an LPA together give you complete peace of mind. Your will ensures your estate goes where you want after death. Your LPA ensures your affairs are managed by someone you trust if you can't manage them yourself.

Both documents are easy to set up, and doing them together is the most efficient approach. It's one of the most responsible things you can do for yourself and your family.