A Lasting Power of Attorney (LPA) is the legal document that lets you choose who can make decisions for you if you ever lose the mental capacity to make them yourself. It is the single most important piece of planning that most adults overlook entirely. A will deals with what happens after you die; an LPA deals with what happens if you are still alive but cannot manage your own affairs - through illness, an accident, a stroke or dementia.
This guide covers what an LPA is, the two types you can make in England and Wales, who you appoint, how the registration process works, and the cost and timing realities for 2026.
Key takeaways:
- There are two separate LPAs: Property & Financial Affairs (paying bills, managing investments, selling property) and Health & Welfare (medical decisions, care home choices). Most adults benefit from having both.
- Both must be registered with the Office of the Public Guardian before they can be used. Registration takes around 16-20 weeks and costs £82 per LPA (2026).
- Without an LPA, your family must apply to the Court of Protection for a deputyship order - which is far slower, costlier, and gives them less autonomy than you would have chosen.
- You can only make an LPA while you still have mental capacity. Once capacity is lost, the option is gone forever.
- An LPA is not a substitute for a will. They cover different things and you should have both.
What an LPA actually is
An LPA is a written authority. It names one or more people (your "attorneys") whom you trust to act for you if you can't act for yourself. Your attorneys have a legal duty to act in your best interests and to follow any specific instructions you've written into the LPA itself.
Two important things to understand:
- An LPA is forward-looking. It only matters if you lose capacity in the future. While you have capacity, you make your own decisions.
- An LPA is opt-in. You choose who acts, when they can act, and what restrictions apply. Without one, the choice is made by a court.
The legal framework sits in the Mental Capacity Act 2005. The LPA replaced the older Enduring Power of Attorney (EPA) in 2007; EPAs signed before October 2007 are still valid but only cover property and financial decisions.
The two types of LPA
In England and Wales there are two distinct LPAs, made and registered separately:
Property and Financial Affairs LPA
Covers money and property: paying household bills, collecting income and benefits, managing bank accounts, selling investments, dealing with HMRC, paying for care, and selling or buying property. You can choose whether your attorneys can act as soon as the LPA is registered, or only after you've lost capacity.
Health and Welfare LPA
Covers decisions about your day-to-day care, medical treatment, where you live, and (if you specifically agree to it) life-sustaining treatment decisions. This LPA can only be used after you've lost capacity to make the decision yourself.
You can make one or both. They are completely independent documents - you can name different attorneys for each, and there is no requirement to make a Health & Welfare LPA at all. Many people start with the Property & Financial one and add Health & Welfare later, although there are real advantages to having both in place before they're needed.
Who can be an attorney
Your attorney must be 18 or over and have mental capacity themselves. They can be:
- A family member (most common)
- A close friend
- A professional (a solicitor or accountant, who will charge)
- A trust corporation (for Property & Financial only)
If you appoint more than one attorney, you must decide how they make decisions:
- Jointly - all attorneys must agree on every decision. Safest but slowest, and if one attorney loses capacity or dies, the whole LPA fails unless you've appointed a replacement.
- Jointly and severally - attorneys can act together or independently. More flexible and resilient but reduces oversight.
- Jointly for some decisions, jointly and severally for others - granular but harder to administer.
For most families "jointly and severally" with a clear conversation among the attorneys about how to handle big decisions works best. Our LPA preparation pack walks through the trade-offs.
The certificate provider
Every LPA needs a certificate provider - an independent person who confirms that you understand what you are signing, are not under pressure, and have the capacity to make the LPA. They are not an attorney; they are a witness to your understanding.
The certificate provider must be either:
- Someone who has known you personally for at least two years (a long-term friend, neighbour, colleague), or
- A professional with relevant skills (a doctor, solicitor, registered social worker, IMCA).
Family members, anyone living with you, your attorneys, and care workers in your care home cannot certify your LPA. This is to protect you from undue influence.
How registration works
Once you've signed your LPA (and your attorneys and certificate provider have signed), you - or your attorneys - apply to register it with the Office of the Public Guardian (OPG). The registration:
- Costs £82 per LPA in 2026 (fee reductions and exemptions apply for low income).
- Takes around 16-20 weeks in normal periods.
- Notifies anyone you've listed as a "person to be told", who has three weeks to raise objections.
An unregistered LPA cannot be used. Even if you and your attorneys have all signed, the document is essentially dormant until OPG registration completes.
Want help getting your LPAs ready to sign and register? Trusted Hands provides a guided LPA preparation pack - all forms completed, attorney instructions in plain English, ready for you to sign, witness, and post to the OPG. From £99 for a single LPA or £179 for both. Start your LPA →
What happens without an LPA
If you lose capacity and have no LPA in place, your family cannot simply step in. Banks will freeze joint accounts, the DWP will hold your benefits, and the people closest to you will have no legal authority to pay your bills or arrange your care.
Their only route is to apply to the Court of Protection for a deputyship order. This is:
- Slow - typically 6 to 12 months from application to order.
- Expensive - £371 application fee, annual supervision fees of £320 (general) or £35 (low-value), plus ongoing reporting requirements. Often £1,000-£3,000 in solicitor fees on top.
- Limited - the court decides what powers to grant. Deputies are heavily supervised by the OPG, must keep detailed accounts, and need court permission for big decisions like selling a property.
- Intrusive - any decision outside the scope of the order requires a fresh application.
An LPA you can make today for £82-£99 spares your family all of this. The contrast is one of the strongest reasons to put LPAs in place while you're well enough to choose.
Common questions
When should I make my LPAs?
Now, while you have capacity. The most common regret we hear from families is that the person waited too long. There is no minimum age - LPAs are sensible for anyone over 18 who would prefer their family to step in rather than the Court of Protection.
Can my attorney access my bank accounts immediately?
Only once the LPA is registered with the OPG. Even then, the Property & Financial LPA can be set so attorneys can only act after you've lost capacity (rather than as soon as the LPA is registered). The form lets you specify either option.
What can I write in the "instructions" and "preferences" sections?
Instructions are binding - attorneys must follow them. Preferences are guidance attorneys should consider but aren't bound by. Use instructions sparingly (they can make the LPA inflexible if circumstances change) and use preferences for things like "I would like to remain in my own home for as long as possible".
Does the LPA still work if I move abroad?
A registered England & Wales LPA is recognised within England and Wales. Other UK jurisdictions (Scotland and Northern Ireland) have their own equivalent documents. If you live abroad, take local advice - the LPA may not be recognised, and you may need an equivalent document in your country of residence.
Can I revoke an LPA?
Yes, while you have capacity. You can revoke an LPA at any time by signing a written deed of revocation and notifying the OPG and your attorneys. If you've lost capacity, only the Court of Protection can revoke it - which is rare and only happens where attorneys are acting against your interests.
Do I need separate LPAs for each spouse?
Yes. An LPA is a personal document. If you and your partner both want LPAs (and most couples do) you each need your own set, with separate registration fees. Trusted Hands offers a couple-bundle that prepares both sets of LPAs in one go.
Are online LPAs legal?
Yes. The form is set by the OPG and the legal framework is the Mental Capacity Act 2005. Whether the form is filled in by hand, by a solicitor, or by a guided online service like Trusted Hands, the end product is the same OPG-approved form. The legal validity comes from the signatures, witnessing, and OPG registration - not from who prepared the paperwork.
Trusted Hands provides a guided LPA preparation service, not legal advice. Trusted Hands is not a firm of solicitors and does not file your LPA with the Office of the Public Guardian on your behalf - we prepare the forms ready for you to sign, witness and register. For complex situations (significant assets held in trust, family conflict, capacity concerns) we recommend speaking to a regulated solicitor before signing.
Ready to put your LPAs in place?
Trusted Hands prepares both LPA types in plain English, with attorney instructions and certificate provider guidance built in.
- £99 for a single LPA, £179 for both (single person)
- £299 bundle for both LPAs for a couple
- Guided form completion, no legal jargon
- Witness and OPG registration instructions included
- Save 20-25% by bundling with a will