Lasting Power of Attorney: The Document Most Peo

When I sorted out my will, my solicitor asked whether I had Lasting Powers of Attorney in place. I didn’t. I’d never even thought about it. My will covered what happened when I died, but nobody had a legal right to make decisions for me if I was alive but unable to make them myself.

That conversation stuck with me. I was 40, healthy, and had just retired. The idea of losing mental capacity felt distant and irrelevant. But strokes happen to people in their 30s. Car accidents happen to anyone. And once you lose the ability to make decisions, it is too late to set this up.

So I did it that same week. It cost me £164 for both types and took about an hour of my time. If I had ignored it, my wife would have had no legal authority to manage our finances or make medical decisions on my behalf. Not without going to court, anyway.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that gives someone you trust the authority to make decisions on your behalf if you cannot make them yourself. The person you appoint is called your “attorney” (nothing to do with American lawyers, it just means someone authorised to act for you).

There are two types, and they cover completely different things.

Health and welfare LPA

This covers decisions about your medical treatment, daily care, and living arrangements. It includes things like:

Whether to accept or refuse medical treatment
Where you live (care home, hospital, or at home)
Your daily routine, diet, and personal care
Life-sustaining treatment decisions (if you choose to give your attorney this power)

This LPA can only be used once you have lost the capacity to make these decisions yourself. Your attorney cannot override you while you are mentally capable.

Property and financial affairs LPA

This covers everything to do with money and property. That means:

Managing your bank accounts
Paying your bills and mortgage
Buying or selling property
Managing your investments and pensions
Dealing with HMRC

Unlike the health LPA, this one can be used while you still have capacity, if you choose. Some people set it up so their attorney can handle finances on their behalf while they are abroad, or simply because they want help managing things. You decide when and how it is used.

Why you need both

Most people who think about LPAs only consider the financial one. But the health and welfare LPA is equally important.

Without a health LPA, doctors make decisions about your care based on their clinical judgement. Your family can be consulted, but they have no legal authority to make the final call. If your family disagrees with the medical team, or if family members disagree with each other, the decision goes to the Court of Protection. That process is slow, expensive, and stressful for everyone involved.

With a health LPA, the person you have chosen makes those decisions. Someone who knows your values, your preferences, and what you would want.

How to set up an LPA

The process is straightforward and you can do it yourself through the government’s online service at gov.uk. Here is how it works:

1. Choose your attorneys. Pick people you trust completely. You can appoint more than one and decide whether they must act jointly (all agree) or jointly and severally (any one of them can act alone). I appointed my wife as my primary attorney with a family member as a replacement in case she was unable to act.

2. Choose a certificate provider. This is someone who confirms you understand the LPA and are not being pressured into it. They need to be either someone who has known you well for at least two years, or a professional (solicitor, doctor, social worker). They cannot be one of your attorneys.

3. Fill in the forms. The online service at gov.uk walks you through it. It takes about 20 to 30 minutes per LPA. You can also download paper forms if you prefer, but the online version is genuinely easier.

4. Sign and witness. The LPA must be signed by you, your attorneys, and your certificate provider. The signatures need to be witnessed. There is a specific order you must follow, and the online service tells you exactly what that order is.

5. Register the LPA. You must register each LPA with the Office of the Public Guardian before it can be used. This costs £82 per LPA (so £164 for both). Registration takes around 12 weeks, though it can sometimes be quicker.

If you are on a low income or receive certain benefits, you may be eligible for a reduced fee or a full exemption.

When it is too late

This is the bit that catches people. You can only set up an LPA while you have mental capacity. Once you lose the ability to understand and make decisions, the window is closed.

If someone loses capacity without an LPA in place, the only option is for a family member to apply to the Court of Protection for a deputyship order. This costs over £400 just in court fees, plus solicitor costs which can run into thousands. The process takes months. And the ongoing supervision from the Office of the Public Guardian adds annual costs on top.

Compare that with £82 and an hour of your time. The maths is not difficult.

Common questions

Can I change my LPA later? You cannot amend an existing LPA. You would need to revoke it and create a new one. This is not complicated, but it does mean registering again and paying the fee again.

Does my attorney get paid? Not unless you specify it. Most people appoint family members who act without payment. Professional attorneys (solicitors, for example) will charge for their time.

Can my attorney do whatever they want? No. Attorneys must act in your best interests, follow the principles of the Mental Capacity Act, and consider your known wishes and preferences. You can also include specific instructions or preferences in the LPA document.

Do I need a solicitor? No. The gov.uk online service is designed for people to complete themselves. But if your situation is complex (multiple properties, business interests, family disputes), a solicitor can help. Expect to pay £300 to £500 per LPA if you go that route.

Just do it

I know this is not exciting. Nobody wakes up on a Saturday morning thinking “I’d love to fill out some legal paperwork today.” But this is one of those tasks where the cost of doing it is tiny and the cost of not doing it is enormous.

It took me less time than watching a film. It cost less than a family meal out. And it means that if something happens to me, my wife does not have to go to court just to access our bank account or make decisions about my care.

Sort your will. Sort your LPAs. Then get on with living your life knowing the boring stuff is handled.

Lasting Power of Attorney: The Document Most People Forget