A lasting power of attorney (LPA) lets you choose someone you trust to make decisions for you if you become unable to make them yourself. It sits alongside a will as one of the most important documents for planning ahead. This guide explains the two types of LPA, how to set one up, and what happens to it when you die.
What is a lasting power of attorney?
An LPA is a legal document that appoints one or more people (your “attorneys”) to make decisions on your behalf if you lose mental capacity — for example through illness, dementia or a serious accident. In England and Wales, LPAs are registered with the Office of the Public Guardian. Scotland and Northern Ireland have their own, similar arrangements.
What are the two types of LPA?
There are two separate LPAs, and you can make one or both:
Health and welfare: covers decisions about medical care, where you live, and daily routine. It can only be used once you have lost capacity.
Property and financial affairs: covers money, bank accounts, paying bills and selling property. It can be used as soon as it is registered, with your permission.
Why should you set one up?
If you lose capacity without an LPA in place, your loved ones cannot simply step in. They would have to apply to the Court of Protection to be appointed as a deputy — a process that is slower, more expensive and more stressful than setting up an LPA in advance. An LPA puts you in control of who acts for you.
How do you set up an LPA?
You choose your attorneys, complete the LPA forms (online or on paper), and register each LPA with the Office of the Public Guardian before it can be used. There is a registration fee for each LPA — check GOV.UK for the current amount, as reductions or exemptions are available if you are on a low income. You do not have to use a solicitor, though you can if your situation is complex.
Does a lasting power of attorney end when you die?
Yes. An LPA only operates during your lifetime and ends automatically when you die. From that point, your attorneys no longer have any authority — responsibility passes to the executors named in your will (or administrators if there is no will), who deal with your estate through probate.
Frequently asked questions
Is a lasting power of attorney the same as a will?
No. An LPA covers decisions while you are alive but unable to act for yourself. A will takes effect only after you die.
Can I set up an LPA myself?
Yes. You can complete and register an LPA without a solicitor, although professional help can be useful for more complicated circumstances.
When can my attorney start acting?
A property and financial affairs LPA can be used once registered, with your consent. A health and welfare LPA can only be used if you lose the capacity to decide for yourself.
How Solace Care can help
Planning ahead is a gift to the people you love. Solace Care helps you organise key documents like your LPA and will, and keep them easy for loved ones to find when they are needed. Want help with the practical side after a death? Create a Solace Care account or read more guides.
