Pillar Guide · Updated May 2026
Lasting Power of Attorney UK 2026: The £82 Document That Protects Your Finances
A Lasting Power of Attorney (LPA) is one of the most important legal documents you will ever sign — and one of the least expensive. Registering both types costs just £164 total and takes around 20 weeks. Without one, if you lose mental capacity, your family could face a Court of Protection application costing £3,000–£5,000 just to take over your affairs. This guide explains everything: the two types of LPA, who can be an attorney, what they can and cannot do, and why you should act now — not later.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document, created under the Mental Capacity Act 2005, that lets you (the donor) authorise one or more trusted people (your attorneys) to make decisions on your behalf. LPAs apply in England and Wales. Scotland has a similar document (Continuing and Welfare Power of Attorney under the Adults with Incapacity Act 2000); Northern Ireland uses Enduring Powers of Attorney.
The most important feature of an LPA: you must have mental capacitywhen you create it. Once you have lost capacity — through dementia, a stroke, a brain injury or any other cause — it is too late to make one. An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Registration typically takes around 20 weeks.
Many people mistakenly believe that a spouse or close family member automatically has legal authority over their affairs if they become incapacitated. This is not the case. Without an LPA, even a spouse cannot access your individual bank accounts, sell property in your sole name, or make medical decisions for you. They would need to apply to the Court of Protection for a deputyship — a process that takes months and costs thousands of pounds.
The Two Types of LPA
| Feature | Property and Financial Affairs LPA | Health and Welfare LPA |
|---|---|---|
| Covers | Bank accounts, property, bills, investments, income | Medical care, care home, daily routine, life-sustaining treatment |
| When usable | With capacity (if you allow it) OR after losing capacity | Only after losing mental capacity |
| OPG registration required? | Yes — before use | Yes — before use |
| Registration cost | £82 | £82 |
| Can attorneys benefit? | Only if LPA permits | No financial benefit |
Most people are advised to make both types. A financial LPA alone leaves the critical question of medical care and where you live unresolved if you lose capacity. A health and welfare LPA alone gives no one authority over your finances. Together, they provide comprehensive protection.
The health and welfare LPA can include a specific instruction about life-sustaining treatment — you can grant your attorney the authority to consent to or refuse life-sustaining medical treatment on your behalf. This is the most significant power in the document and should be discussed carefully with both your attorney and your doctor before including it.
Who Can Be an Attorney?
Any person aged 18 or over can be a health and welfare attorney. For a Property and Financial Affairs LPA, the attorney must not be bankrupt or subject to a Debt Relief Order. Beyond these minimum requirements, the attorney must be someone you trust completely.
You can appoint multiple attorneys. If you do, you must specify how they act:
- Jointly: all attorneys must agree and sign every decision. Safest for major financial decisions, but the LPA fails entirely if any attorney dies or lacks capacity.
- Jointly and severally: each attorney can act alone. More flexible and resilient — if one attorney dies, the others continue. However, opens the risk of attorneys acting without consulting each other.
- Jointly for some decisions, jointly and severally for others:a hybrid approach — e.g. jointly for selling property, severally for daily banking.
You can also name replacement attorneys — people who step in if your original attorney can no longer act (due to death, bankruptcy, loss of capacity, or renunciation). This makes the LPA much more robust over the long term.
When an LPA Can Be Used
A key distinction between the two types:
- A Property and Financial Affairs LPA can be used while you still have full mental capacity, if you choose to allow this in the document. This is useful if, for example, you are abroad for an extended period, or you simply want a trusted family member to assist with financial admin.
- A Health and Welfare LPA can only be used once you have lost mental capacity. It has no effect while you are able to make your own decisions about your health and care. Doctors always consult a patient directly if they have capacity — the LPA attorney acts only when the patient cannot.
The Mental Capacity Act 2005 requires a presumption of capacity — any attorney or healthcare professional must assume you have capacity unless there is evidence to the contrary. Capacity is decision-specific: a person may have capacity to decide where to live but not to manage complex financial affairs.
Registering with the OPG
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. The registration process:
- Complete the LPA forms (available free at gov.uk/power-of-attorney or via a solicitor)
- The donor and all attorneys sign the document in the correct order, witnessed
- A certificate provider signs to confirm the donor's capacity and consent
- Notify any people named as 'people to notify' (optional but recommended as a safeguard)
- Submit the completed LPA to the OPG with the £82 registration fee
- Wait approximately 20 weeks for the OPG to register and return the document
Once registered, the OPG stamps each page of the LPA. The registered document is the only valid version. Keep it in a safe place — banks, solicitors and healthcare providers will want to see it (or a certified copy) before they accept instructions from an attorney.
Costs and Timeline
| Cost item | DIY LPA | Solicitor-drafted LPA |
|---|---|---|
| OPG registration fee (each LPA) | £82 | £82 |
| Legal/professional fees | £0 | £300–£600 per LPA |
| Both LPAs total (DIY) | £164 | — |
| Both LPAs total (solicitor) | — | £800–£1,400+ |
| OPG registration timeline | ~20 weeks | ~20 weeks |
| Fee reduction (means-tested) | 50% off or exempt | 50% off or exempt (OPG fee only) |
The DIY route (using the OPG's free online tool at gov.uk/power-of-attorney) is suitable for straightforward situations — one attorney, clear wishes, no complex assets or family disputes. Where there is a blended family, a business, significant assets, or any uncertainty about capacity, using a solicitor to draft the LPA is strongly advisable — errors in an LPA can cause the OPG to reject it, requiring the process to start again.
LPA vs Enduring Power of Attorney (EPA)
Before 1 October 2007, the equivalent document was an Enduring Power of Attorney (EPA), governed by the Enduring Powers of Attorney Act 1985. EPAs signed before that date remain valid. Key differences:
- EPAs only cover property and financial affairs — there is no health and welfare EPA
- EPAs must be registered with the OPG when the donor starts to lose capacity (not in advance)
- New EPAs cannot be created — only LPAs are available for new documents
- An EPA registered with the OPG is still valid today; the OPG registration cost for an EPA is £82
If you have an existing EPA, it remains effective for financial matters but provides no coverage for health and welfare decisions. Many families with ageing relatives who only have an EPA are advised to create a Health and Welfare LPA while the donor still has capacity to do so.
Court of Protection: The Alternative
If a person loses mental capacity without a valid, registered LPA, the only way to manage their affairs is through the Court of Protection. A family member or carer must apply to become a "deputy" — and the costs and delay are substantial:
Court of Protection deputyship: typical costs
- Solicitor fees to apply: £1,500–£3,500+
- Court application fee: £371 (property and affairs) or £408 (combined)
- OPG supervision fee: £320–£800/year (ongoing)
- Total first-year cost: typically £2,500–£5,000+
- Annual ongoing costs: £320–£800+ for as long as deputyship continues
- Timeline to obtain: 6–12 months (or longer)
During the Court of Protection application period, access to the incapacitated person's accounts is frozen for most purposes. A family unable to access their relative's account to pay care home fees, mortgage payments or utility bills may face serious financial distress while waiting for a deputyship order. This situation is entirely avoidable with a registered LPA.
Financial LPA: What Attorneys Can and Cannot Do
Understanding the limits of attorney authority is essential — both to protect you as a donor and to ensure your attorney does not inadvertently overstep.
| Attorneys CAN | Attorneys CANNOT (without Court permission) |
|---|---|
| Manage bank accounts and pay bills | Change your will |
| Collect pension, benefits and income | Make large gifts beyond 'reasonable' amounts |
| Buy or sell property | Benefit themselves unless LPA permits it |
| Invest your money | Withhold money for your care or wellbeing |
| Make small, customary gifts (birthdays etc) | Act after you die (the LPA ends on death) |
| Claim tax reliefs and allowances on your behalf | Make decisions that go against your best interests |
Attorneys have a legal duty to act in the donor's best interests, maintain accounts and records, and keep their own money separate from the donor's. The OPG can investigate attorneys and apply to the Court of Protection to revoke an LPA if an attorney is found to be misusing their powers. Safeguards for the donor include naming 'people to notify' in the LPA and the certificate provider process.
Certificate Providers and Witnesses
An LPA requires a certificate provider — a person who certifies that you understand what you are signing, are not being coerced, and have mental capacity. Certificate providers must be either:
- A personal certificate provider: someone who has known you well for at least 2 years (not a family member, not an attorney, not a business partner of an attorney)
- A professional certificate provider: a doctor, solicitor, registered social worker, independent financial adviser, or other regulated professional (need not know you in advance)
Each signature on the LPA also needs a witness(a different person from the signatory). Attorneys must not witness the donor's signature; the donor must not witness the attorneys' signatures. The signing must follow a specific order set out in the LPA form — errors in signing order are a common reason for OPG rejection.
LPA for Dementia Planning
Dementia is the most common reason families need to use an LPA. In the UK, approximately 944,000 people currently live with dementia, and this figure is expected to rise to 1.6 million by 2040. Early diagnosis rates are improving, meaning more people receive a diagnosis while still having capacity to make an LPA.
A diagnosis of dementia does not automatically mean a person lacks capacity. Many people in the early to moderate stages retain capacity to make an LPA. However, the window can close quickly — and once capacity is lost, it cannot be regained.
If a family member has just received an early dementia diagnosis, the priority is to create and register an LPA immediately — before capacity deteriorates further. A GP or specialist can assess capacity and provide a confirming statement. A solicitor with experience in elderly client care can draft the documents quickly and act as certificate provider.
For those without a dementia diagnosis who are simply planning ahead — the best time to make an LPA is now. You are more likely to need one than not over a lifetime, and the cost in time and money is trivially small compared with the protection it provides.
Worked Example: Margaret, Age 75
Margaret, 75, has been diagnosed with mild dementia. Her daughter Helen wants to help manage Margaret's affairs. We compare two scenarios.
Scenario A: Margaret acts now — LPA while she still has capacity
- Margaret's GP confirms she has capacity to make an LPA
- A solicitor drafts both LPAs: Property & Financial Affairs + Health & Welfare
- OPG registration: 2 × £82 = £164
- Solicitor fees: approx £900 (both LPAs, including certificate provider)
- Total cost: approx £1,064
- Wait: 20 weeks for OPG to register both LPAs
- Once registered: Helen can manage Margaret's bank accounts, deal with her mortgage and utility providers, arrange care, and participate in medical decisions
Scenario B: Margaret's dementia progresses — no LPA in place
- Margaret loses capacity before any LPA is signed
- Helen cannot access Margaret's accounts — Margaret's standing orders and direct debits continue but Helen cannot change them
- Helen must apply to the Court of Protection for a deputyship order
- Solicitor fees: £2,500–£3,500
- Court application fee: £371
- OPG annual supervision fee: £320/year (ongoing for years)
- Timeline: 9–12 months before Helen has legal authority
- Total first-year cost: approx £3,200–£4,200
- Annual ongoing cost: £320+/year for as long as Margaret lives
Scenario A costs approximately £1,064 and takes 20 weeks. Scenario B costs £3,200–£4,200 in the first year alone, takes 9–12 months, and has ongoing annual costs. The saving from having an LPA: over £3,000 in year one, plus hundreds of pounds per year thereafter. And that excludes the financial and emotional cost of being unable to access Margaret's accounts during the Court of Protection waiting period.