A lasting power of attorney (LPA) is one of the most important legal documents you can create, yet most people do not have one. If you lose mental capacity through illness, a stroke, dementia, or an accident, and you have not set up an LPA, your family may be unable to manage your finances or make healthcare decisions on your behalf — even if you are married.
- What is a lasting power of attorney?
- Why everyone needs one
- How to set one up
What is a lasting power of attorney?
An LPA is a legal document that authorises someone you trust — your attorney — to act on your behalf if you become unable to do so yourself. In England and Wales, there are two types.
A property and financial affairs LPA lets your attorney manage your bank accounts, pay bills, sell property, and handle investments. It can be used while you still have capacity, with your permission, or activated when you lose it.
A health and welfare LPA covers decisions about your medical treatment, care arrangements, and where you live. It can only be used when you have lost mental capacity.
Why everyone needs one
Without an LPA, if you lose capacity, your family must apply to the Court of Protection for a deputyship order — a process that can take many months, cost thousands of pounds, and cause enormous stress at an already difficult time. Even a spouse cannot automatically access a joint account frozen due to a partner's incapacity.
Creating an LPA while you are healthy and have full mental capacity is the only way to ensure your wishes are followed and your loved ones can act quickly when it matters most.
How to set one up
LPAs are registered through the Office of the Public Guardian. You can complete the forms online at gov.uk or use a solicitor. The registration fee is £82 per LPA — so £164 for both types. Solicitors typically charge £300 to £500 per LPA if you want professional assistance.
The process takes around 20 weeks from application to registration, so do not leave it until you think you might need it — by that point it may be too late.
Bottom line
Setting up a lasting power of attorney is not just for older people. Accidents and sudden illness can happen at any age. Creating an LPA now, while you are healthy, is one of the kindest things you can do for the people you love.