The Short Answer
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you lose mental capacity. There are two types: one for finances, one for health and welfare.
The Two Types
Property and Financial Affairs
Covers bank accounts, bills, property, investments, and tax.
Can be used while you still have capacity — useful if you are travelling or unwell.
Health and Welfare
Covers medical treatment, care, daily routine, and life-sustaining treatment.
Can only be used when you lack capacity.
Why You Need One
Without an LPA, your family would need to apply to the Court of Protection to manage your finances — a slow, expensive process that takes months, not days.
Lasting Power of Attorney
- Around £82 to register
- Takes 8–10 weeks to process
- You choose who acts for you
Court of Protection
- £400+ in fees
- Much longer to arrange
- The court decides who manages your affairs
Who Should Be Your Attorney?
- Someone you trust completely.
- They must be over 18 and have mental capacity.
- You can appoint more than one person (jointly or jointly and severally).
- Consider: spouse, adult child, trusted friend, or a professional such as a solicitor.
Common Misconceptions
- “I’m too young.” Accidents and illness do not check your age.
- “My spouse can do everything anyway.” They cannot access your sole accounts or sell jointly-owned property without an LPA.
- “A will covers this.” A will only takes effect after death, not during incapacity.