We tend to plan for death and forget about the years before it. But illness, a stroke, an accident, or dementia can all leave someone unable to manage their own affairs while very much still alive. A Lasting Power of Attorney, or LPA, is the document that says who steps in if that ever happens to you, and what they're allowed to do.
Without one, your family can't simply take over. Even a husband or wife has no automatic right to manage your bank account, deal with your pension, or make decisions about your care. They'd have to apply to the Court of Protection instead, which is slow, costly, and stressful at exactly the moment a family least needs it.
The two types of LPA
There are two, and they do different jobs. Most people who set one up choose to put both in place.
Property & Financial Affairs
Lets someone you trust manage the money side of your life if you can't.
- Paying bills and managing bank accounts
- Dealing with your pension and benefits
- Selling or maintaining property
- Can be used as soon as it's registered, with your permission, or only if you lose capacity
Health & Welfare
Lets someone make decisions about your care and treatment, but only once you're unable to make them yourself.
- Where you live and who cares for you
- Day-to-day routine, diet, and wellbeing
- Medical treatment decisions
- Life-sustaining treatment, if you choose to grant that power
Why the timing is everything
Here's the part that catches people out. You can only make an LPA while you still have the mental capacity to understand it. The moment capacity is lost, the window closes, and it can't be reopened. Nobody can make an LPA on your behalf.
By the time an LPA feels urgent, it's often too late to make one. That's why it belongs alongside your will, set up quietly while everything is fine, and simply there if it's ever needed. Think of it as an umbrella you buy before it rains.
A few things people often get wrong
- "My spouse can just handle it." Not automatically. Joint accounts can be frozen and assets in one name are out of reach without an LPA.
- "I'm too young to think about this." Capacity can be lost at any age, through an accident or sudden illness. An LPA isn't only for later life.
- "I made a will, so I'm covered." A will does nothing while you're alive. An LPA is the living half of the same picture.
How it works, and how long it takes
I prepare your LPAs with you and explain every relevant choice. You sign them with clear instructions from me on the correct signing and witnessing order, I check the completed documents before anything is submitted, and then you submit them and pay the registration fee directly to the Office of the Public Guardian, with plain guidance from me on exactly how. The OPG currently charges £92 per LPA, and some people qualify for a reduction or exemption based on their financial circumstances. Online applications are typically registered in around 8 to 12 weeks; paper applications can take longer. Once registered, the document sits ready, doing nothing until the day it's ever needed.
Put it in place while it's easy.
An LPA is best sorted alongside your will, calmly and well ahead of time. Your first consultation is free, at home or over video, with no pressure to go ahead.
Book your free consultationThis guide explains Lasting Powers of Attorney in England & Wales in general terms and is not advice for your particular circumstances. OPG fees and timescales change from time to time, so I'll confirm the current figures with you.