When it comes to planning for the future, most people think of writing a will or setting up pensions for retirement. But what happens if you lose the ability to make decisions for yourself during your lifetime? This is where a Lasting Power of Attorney (LPA) becomes essential.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows a person or persons, that you trust implicitly, (known as your attorney/attorneys) to make decisions on your behalf should you lose the mental capacity to do so for yourself.
There are two types of Lasting Power of Attorney:
1.Health and Welfare LPA
This covers decisions about your health and personal welfare. For example:
- Medical treatment
- Where you live
- Day-to-day care
- Life-sustaining treatment decisions
This LPA can only be used once you lose mental capacity.
2.Property and Financial Affairs LPA
This covers financial matters such as:
- Managing bank accounts
- Paying bills
- Collecting benefits or pensions
- Selling your home
This LPA can be used as soon as it’s registered, with your permission, or like the health and welfare document, only once you have lost mental capacity. You can decide how and when the document is to take effect.
Why is an LPA Important?
Without an LPA in place, no one has the legal authority to make decisions for you—not even your spouse or children. If you lose mental capacity and don’t have an LPA, your loved ones will need to apply to the Court of Protection for a deputyship order, a time-consuming and expensive process.
Having an LPA:
- Gives you control over who makes decisions for you
- Reduces stress and delays for your family
- Ensures your wishes are followed
- Can prevent financial complications if you’re incapacitated
When Should You Set Up an LPA?
Many people believe LPAs are only for the elderly or those in poor health. But mental incapacity can happen at any age—through accidents, illness, or medical conditions.
It’s wise to set up an LPA:
- While you have full mental capacity (this is a legal requirement)
- As part of broader life or estate planning
- Before any serious health concerns arise
Think of it as an insurance policy for your future, one you hope you never need, but will be incredibly glad to have, should you find yourself in a position of poor health.
How Do You Make an LPA?
You can make an LPA yourself or with the help of a solicitor. Here’s a simple overview:
- Choose your attorney(s)
These should be people you trust implicitly, often close family or friends. We would always recommend considering two attorneys as a minimum, this ensures that you are not in a position of having no attorneys and an invalid document, should your only attorney also become unwell or predecease you. You can also consider appointing professional attorneys, should you have no one to consider for this role on a personal level. - Complete the LPA forms
You can do this online via the government website. A “certificate provider” must confirm you understand what you’re are entering in to and that they believe you understand the nature and effect of the documents. - Register the LPA with the Office of the Public Guardian (OPG)
The document is not valid until it has been registered and sealed with the correct stamp from the Office of the Public Guardian. Registration can take up to 20 weeks, so having these documents in place sooner rather than later is highly recommended. - Pay the registration fee
At present the current registration fee is £82.00 per LPA, as of November 2025 the registration fee will increase to £92.00 per LPA (you may be eligible for a reduction or exemption depending on your circumstances).
In Conclusion
A Lasting Power of Attorney isn’t just a piece of paperwork, it is what is going to look after you from a legal perspective, should you no longer be able to look after yourself. It ensures that if the worst happens, the people around you, that you trust, can step in smoothly and make decisions that reflect your wishes and needs.
It’s never too early to prepare, but it can be too late. Don’t leave it to chance—make your LPA while you still can.