Money & Budgeting

Power of Attorney UK — Complete Guide to LPAs

Everything about Lasting Power of Attorney in the UK. Types of LPA, how to set one up, costs, choosing attorneys, and what happens without one.

By PocketWise · · 5 min read

Power of Attorney ensures someone you trust can manage your affairs if you can’t. Here’s everything you need to know.

Understanding Power of Attorney

Types in England and Wales

Type What It Covers
Property and Financial Affairs LPA Money, bills, property, benefits
Health and Welfare LPA Medical care, residence, daily care

When Each Can Be Used

LPA Type When Attorney Can Act
Property and Financial Affairs Immediately (if you choose) or when you lack capacity
Health and Welfare Only when you lack mental capacity

Why You Need Both

Situation Which LPA
Paying bills while in hospital Property and Financial
Deciding on care home Health and Welfare
Selling house for care fees Property and Financial
Consenting to treatment Health and Welfare
Managing investments Property and Financial
End-of-life decisions Health and Welfare

Setting Up an LPA

Who Can Make One

Requirement Details
Age 18 or over
Mental capacity Must understand what you’re doing
Your choice No one can force you

Who Can Be an Attorney

Suitable Not Suitable
Family member Under 18
Close friend Bankrupt (for financial LPA)
Professional Someone you don’t trust
Multiple people Criminal history (relevant)

Choosing Your Attorney(s)

Consideration Think About
Trustworthiness Completely trustworthy?
Ability Can manage the responsibilities?
Availability Around when needed?
Relationship Likely to stay in your life?
Location Practical access to you?

Multiple Attorneys

Option Meaning
Jointly Must all agree on everything
Jointly and severally Can act together or separately
Jointly for some, severally for others Mixed approach

| Recommendation | Jointly and severally (most flexible) |

The LPA Process

Step-by-Step

Step Action
1 Decide on attorney(s)
2 Complete LPA forms
3 Choose certificate provider
4 Sign in correct order
5 Register with OPG
6 Wait for registration (8-10 weeks)

Certificate Provider Role

Who Can Do It Requirements
Someone who’s known you 2+ years Not family or attorney
Professional (doctor, solicitor, etc.) Can know you less time
Their job Confirm you understand and aren’t pressured

Signing Order

Order Who Signs
1 You (donor)
2 Certificate provider
3 Attorneys
4 Register with OPG

Costs

Registration Fees

Item Cost
Each LPA registration £82
Both LPAs £164
Fee exemption If on means-tested benefits
Fee reduction 50% if income under £12,000

Professional Help Costs

Service Typical Cost
Online services £100-£200 per LPA
Solicitor £300-£600+ per LPA
Specialist will writer £200-£400 per LPA

DIY vs Professional

DIY Professional
Just registration fees Higher cost
Time-consuming Quicker
Risk of mistakes Expert guidance
Suitable if straightforward Better for complex situations

What Attorneys Can Do

Property and Financial Affairs

Can Do Cannot Do
Access bank accounts Make new will for you
Pay bills Change existing will
Manage investments Give gifts beyond reasonable
Sell property Benefit themselves unfairly
Claim benefits Ignore your wishes
Sign contracts Act against your interests

Health and Welfare

Can Decide Cannot Decide
Medical treatment Against your advance decision
Where you live Consent to marriage
Daily care Consent to sex
Who visits you Take away your liberty
End-of-life (if specified) Vote on your behalf

Life-Sustaining Treatment

Choice Meaning
You can give authority Attorney can refuse treatment
You can withhold Attorney cannot refuse life-sustaining
Important decision Think carefully

Without Power of Attorney

What Happens

Situation Without LPA
You lose capacity No one can act for you
Bills need paying Accounts frozen
Medical decisions Doctors decide
Selling house Court required
Care arrangements Potentially stuck

Court of Protection

If No LPA Court of Protection
Family applies To become deputy
Cost £400+ application + ongoing supervision
Time Months to arrange
Control Court oversees everything
Much more difficult Than having LPA

Using an LPA

Registering with Organisations

Who to Notify Why
Banks Access to accounts
Utility companies Manage bills
HMRC Tax matters
Benefits agencies DWP, council
Care providers Health decisions

Attorney’s Duties

Duty Meaning
Act in best interests What’s best for you
Have regard to wishes Your stated preferences
Keep records Of decisions made
Keep assets separate From their own
Not delegate Unless specified
Consider capacity You may still have some

Safeguards

Protection Details
Registration required OPG holds record
Objection period Before registration
OPG supervision Can investigate concerns
Court of Protection Can remove attorneys

Scotland and Northern Ireland

Scotland

Document Covers
Continuing Power of Attorney Financial matters
Welfare Power of Attorney Health and welfare
Register with Office of the Public Guardian (Scotland)

Northern Ireland

Document Covers
Enduring Power of Attorney Financial affairs only
No welfare LPA Currently being developed
Different forms NI specific

Summary: LPA Checklist

Setting Up

Step Done
Decide if you need both LPAs ☐
Choose attorney(s) ☐
Decide jointly/severally ☐
Choose certificate provider ☐
Complete forms ☐
Sign in correct order ☐
Register with OPG ☐

Choosing Attorneys

Consider Answered
Who do I trust completely?
Who is capable?
Who will be available?
Should I have backups?

Information to Include

Preferences For Health and Welfare
Care preferences
Religious/cultural needs
Life-sustaining treatment view
Who should be consulted

Key Contacts

Organisation Contact
Office of the Public Guardian gov.uk/opg
OPG helpline 0300 456 0300
Citizens Advice Free guidance

Having an LPA is one of the kindest things you can do for your family. Without one, simple tasks become expensive legal nightmares. Set it up while you can — you must have mental capacity, and you never know when you might need it.

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Sources

  1. GOV.UK — Lasting power of attorney