What is Lasting Power of Attorney?

Lasting Power of Attorney — known as LPA — is one of the most important legal documents you can put in place, yet most people don't do it until it's too late. If you lose mental capacity due to illness, dementia, or injury and you don't have an LPA in place, your family cannot automatically make decisions on your behalf — even a spouse or civil partner. They would need to apply to the Court of Protection, which is expensive, slow, and stressful at an already difficult time.

Martin Lewis of MoneySavingExpert has called setting up an LPA one of the most important financial steps anyone can take. Setting one up costs £82 per document and can be done online. Waiting until you need one is too late — you must have mental capacity to create an LPA.

There are two separate LPAs and most people need both. A Property and Financial Affairs LPA covers decisions about your money, property, bank accounts, investments, and bills. It can be used while you still have capacity if you choose, or only when you lose it.

A Health and Welfare LPA covers decisions about your medical care, where you live, and your daily routine. It can only be used once you have lost mental capacity.

Your attorney must be someone you trust completely — they will have significant legal authority over your affairs. Most people choose a spouse or partner, an adult child, or a close friend. You can appoint more than one attorney and specify whether they must act together or can act independently. Think carefully about who is organised, trustworthy, and able to handle financial or medical decisions under pressure.

You can set up an LPA online through the Office of the Public Guardian at gov.uk/power-of-attorney. The process involves completing the forms, having them signed by a certificate provider — someone who confirms you understand the document and are not being pressured — and registering with the OPG. Registration costs £82 per LPA and takes up to 20 weeks. There are fee reductions available if you are on a low income.

Set up a Lasting Power of Attorney — GOV.UK

Without an LPA, your family has no legal authority to manage your affairs if you lose capacity. They cannot access your bank accounts, sell your property, or make medical decisions on your behalf. They would need to apply to the Court of Protection for a deputyship order — a process that can take six months to a year, cost thousands of pounds, and requires ongoing court supervision.

Setting up an LPA now costs a fraction of this and gives your family the authority they need without delay.