An Expert Guide to Your Lasting Power of Attorney — and When to Set It Up
Key Takeaways:
- LPAs protect your wishes — They allow trusted people to make financial, property, and health decisions for you if you lose capacity.
- Don’t wait until it’s too late — LPAs must be made while you still have mental capacity, and the process takes up to 10 weeks to register.
- Affordable and flexible — At £82 per document (rising to £92 in November 2025), an LPA is a small price for long-term peace of mind.
A Lasting Power of Attorney (LPA) is one of the most important legal documents you can create to safeguard your future. Yet for many, it remains a mystery — a task for “later in life” that quietly sits at the bottom of the to-do list.
In reality, sorting your LPA early is a smart, proactive move that ensures your wishes are respected if you ever lose the ability to make decisions yourself. Whether through illness, accident, or age-related decline, capacity can be lost suddenly — and without an LPA, your loved ones could face delays, stress, and costly court applications to act on your behalf.
To clarify the essentials, this guide draws on expert commentary from Lara Barton, partner at Hunters Law LLP, who explains what LPAs do, how they differ from other powers of attorney, and why timing is everything.
What is a Lasting Power of Attorney?
“A lasting power of attorney (LPA) is a document whereby somebody appoints an individual or individuals to make decisions on their behalf when they no longer have the mental capacity to make those decisions themselves,” explains Barton.
An LPA comes into effect when capacity is lost — for instance, after a serious health issue such as a stroke, a head injury, or a period of medication or hospitalisation where you’re unable to manage your affairs. It can also apply in long-term conditions like dementia, where mental capacity gradually declines.
There are two main types of LPA, each covering different aspects of life and wellbeing:
1. Property and Financial Affairs LPA
This allows your attorney to manage your money, property, and assets. Tasks may include:
- Paying bills, rent, and mortgages
- Managing bank accounts and savings
- Collecting income, benefits, or pensions
- Buying or selling property on your behalf
2. Health and Welfare LPA
This gives your attorney authority to make personal and medical decisions, such as:
- Your daily care routine (meals, hygiene, and living arrangements)
- Medical treatment and care preferences
- Whether you move into residential care
- Consent for life-sustaining treatment
You can appoint the same person for both LPAs or choose different attorneys for each, depending on their skills and your trust in their judgment. “If we’re talking about a financial and property LPA, choose someone who will manage your finances responsibly and act in your best interests at all times,” Barton advises.
How does an ordinary power of attorney differ?
People sometimes confuse a Lasting Power of Attorney with an ordinary power of attorney — but they’re not the same.
“An ordinary power of attorney is granted by someone who still has full capacity,” says Barton. “It’s usually created for a specific purpose or limited timeframe — for example, if you’re working abroad and need someone to manage your property at home while you’re away.”
An ordinary power of attorney becomes invalid if you lose mental capacity. An LPA, however, is designed precisely for that situation — and remains legally valid even after capacity is lost.
Can you appoint more than one attorney?
“Yes, you can appoint more than one attorney,” Barton confirms. “People will often appoint two or three, but if you get beyond that it can become cumbersome, and the risk of conflict increases between attorneys.”
If you appoint more than one attorney, you’ll need to decide whether they will act:
- Jointly – meaning all attorneys must make every decision together; or
- Jointly and severally – allowing attorneys to act together or separately, offering greater flexibility.
Your solicitor can help you choose the most practical option based on your circumstances and the relationships involved.
When is the right time to set up your LPA?
Many people postpone making an LPA because they “don’t need it yet.” But that’s exactly the wrong time to wait.
An LPA can only be made while you have full mental capacity — once that’s gone, it’s too late. If you were to lose capacity unexpectedly (for example, after a stroke or accident), your family would have to apply to the Court of Protection for a Deputyship Order. That process can take months and cost thousands in legal fees, leaving your finances and healthcare decisions in limbo.
As Barton points out, LPAs aren’t just for the elderly: “You could be out of action on heavy medication after surgery and unable to make decisions during that period. An LPA ensures your chosen person can step in immediately.”
Whether you’re in your 30s buying your first home or in your 60s planning retirement, setting up your LPA early offers reassurance that your affairs will be handled smoothly if something happens.
Why early planning matters for families
Financial planners increasingly encourage adult children to talk openly with ageing parents about LPAs, wills, and care preferences — conversations that can feel awkward but are essential.
Without an LPA, even close family members have no automatic authority to access your bank accounts, pay bills, or make medical choices. As financial planner Jeannie Boyle notes, “It’s not about control; it’s about ensuring that everyone’s wishes are understood and can be acted upon.”
Early planning avoids disputes, legal delays, and emotional strain later down the line. It also ensures that you decide who manages your affairs — not a court.
How to set up your LPA
You can make an LPA yourself using the Office of the Public Guardian (OPG) service or through a solicitor who can guide you through the process.
Here’s how it works:
- Choose your attorneys – people you trust implicitly to act in your best interests.
- Complete the forms – online at www.gov.uk/power-of-attorney or via paper copies.
- Sign and witness correctly – including a “certificate provider” who confirms you understand what you’re signing.
- Register your LPA with the OPG – the application fee is currently £82 per LPA, rising to £92 from 17 November 2025.
You may be eligible for a fee reduction or full exemption if you receive certain benefits or have a low income.
Registration takes 8–10 weeks on average, so it’s worth applying well before you expect to need it.
What happens after registration?
Once registered, your LPA stays valid indefinitely. It only takes effect when you decide or when you lose capacity. You can also revoke or update it while you’re still mentally capable if your circumstances change — for example, if you marry, divorce, or wish to appoint new attorneys.
Having your LPA in place provides certainty, both for you and your family, ensuring decisions can be made quickly and without unnecessary stress during difficult times.
Final thoughts
A Lasting Power of Attorney isn’t about giving up control — it’s about keeping it. By deciding who will make decisions for you and setting clear guidance now, you ensure that your wishes are respected later.
As Lara Barton sums up: “It’s a vital document for anyone who wants peace of mind. You hope it never needs to be used — but if it does, it can make an extraordinary difference.”
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