Lasting Power of Attorney: Complete Guide for England and Wales

What an LPA is and is not

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more trusted people (your attorneys) to make decisions for you.

An LPA does not replace your will. A will applies after death. An LPA applies during life.

The two LPA types

There are two separate LPAs:

• Property and financial decisions (LP1F): bank accounts, bills, pensions, investments, property decisions.
• Health and care decisions (LP1H): care arrangements, medical treatment, where you live, day-to-day welfare decisions.

Most people either make both, or start with LP1F and then add LP1H.

Why people delay and why that is risky

The most common mistake is waiting for a health scare. You can only make an LPA while you still have capacity to understand it. If you lose capacity first, family must usually apply to the Court of Protection, which is slower and more expensive.

Who should be your attorneys

Pick people who are:

• Reliable under pressure
• Good with paperwork and communication
• Able to work with professionals and family
• Willing to act for years if needed

You can appoint replacement attorneys to step in if an original attorney dies, loses capacity, or cannot act.

Jointly or jointly and severally

How you appoint attorneys matters:

• Jointly: all must agree every time.
• Jointly and severally: they can act together or alone.

Jointly and severally is usually more practical day to day. Joint appointments can fail in real life if one attorney becomes unavailable.

Preferences, instructions, and practical clarity

LPA forms let you add guidance. Keep language specific and usable. For example:

• Good: "Before selling my house, obtain two independent valuations."
• Weak: "My attorneys should be sensible."

Overly restrictive wording can cause registration or usage problems, so use clear, operational instructions.

Registration and timing

Signing an LPA is not enough. It must be registered with the Office of the Public Guardian (OPG) before use.

Typical points:

• Government fee is charged per LPA
• Processing takes weeks, not days
• Errors on the form can delay or derail registration

LPAs and life-sustaining treatment

For health LPAs, you must decide whether attorneys can make decisions on life-sustaining treatment. This is one of the most important choices in the form and should be discussed in advance.

The standard attorneys are held to

Attorneys must follow the Mental Capacity Act 2005, including:

• Acting in best interests
• Supporting the person to decide where possible
• Keeping proper records
• Avoiding conflicts and improper gifting

If conduct is challenged, records matter.

How this fits with wills

Your will handles what happens to your estate after death. Your LPA handles who can decide while you are alive if you need help.

Together they form a complete baseline plan.

Next reading

• LPA and Wills: How They Work Together
• Property and Financial LPA (LP1F) Guide
• Registering an LPA: OPG Timescales and Costs