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Lasting Power of Attorney: What It Is, What It Covers, and When You Need One (England & Wales)

Family discussing a lasting power of attorney at home in England and Wales

Lasting Power of Attorney (LPA) is a legal document that lets you choose trusted people (your attorneys) to make decisions for you if you can’t—temporarily or long-term. It’s one of the simplest ways to protect your finances, home, and healthcare choices if illness, accident, or reduced capacity strikes.

This guide explains:

  • what an LPA is (and what it isn’t)
  • the two types of LPA
  • what decisions attorneys can make
  • when you should set one up (and why waiting can backfire)

Important: This article is for England & Wales.



What does “LPA” mean?

LPA stands for Lasting Power of Attorney. “Lasting” means it can continue to be used if you lose mental capacity (unlike older documents that may not). An LPA must be made and registered with the Office of the Public Guardian (OPG) before it can be used. 


The 2 types of Lasting Power of Attorney

Most people set up both:

1) Property and Financial Affairs LPA

This covers decisions like:

  • managing bank accounts and paying bills
  • dealing with benefits and pensions
  • managing investments
  • buying/selling property (including your home, if needed)

It can be set up to be used:

  • as soon as it’s registered, with your permission; or
  • only if you lose capacity (you choose the option)

2) Health and Welfare LPA

This covers decisions like:

  • medical treatment and care choices
  • care homes and carers
  • day-to-day routine (food, clothing, activities)
  • life-sustaining treatment decisions (only if you specifically allow this in the LPA)

This type is generally used only when you can’t make decisions yourself.

GOV.UK lists these two types as the core LPAs in England & Wales. 



What an LPA does (and doesn’t) do

An LPA can:

  • keep your bills paid and finances stable
  • prevent bank accounts being frozen with nobody authorised to act
  • ensure the right people can speak to doctors and care providers
  • reduce delays and stress for your family

An LPA does not:

  • take away your independence — you stay in control while you have capacity
  • automatically give someone power the moment you sign it (it must be registered)
  • override your wishes if you still have capacity


Who can be an attorney?

You can choose:

  • one attorney
  • multiple attorneys (to act jointlyjointly and severally, or a mix)
  • replacement attorneys (recommended)

Attorneys should be:

  • trustworthy
  • organised
  • able to communicate calmly under pressure
  • happy to follow your instructions (not their opinions)


When do you “need” an LPA?

Most people don’t set one up because they want to— they do it because it’s a practical safety net.

You should strongly consider an LPA if:

  • you own property (even jointly)
  • you have savings, investments, or a pension
  • you’re married or have a long-term partner
  • you’re a parent/carer and responsibilities would fall on others
  • you’re self-employed or run a business
  • you’re ageing, or supporting ageing parents
  • you’ve had a health scare (or want to plan before one happens)

Key point: If you lose capacity without an LPA, your family may need to apply to the Court of Protection for a deputyship—often slower, more complex, and more expensive than arranging an LPA in advance.



How long does an LPA last?

An LPA lasts until:

  • you cancel it (while you still have capacity), or
  • you die, or
  • the OPG ends it (for example, if attorneys can’t act or there’s a serious issue)

Common mistakes people make (that cause delays)

These are frequent reasons LPAs get held up or rejected:

  • signing in the wrong order
  • missing details (names/addresses)
  • incorrect witnesses or certificate provider issues
  • using correction fluid or unclear amendments
  • mixing up which sections apply to which LPA type

If you want, our solicitors can help ensure it’s completed correctly and in a way that fits your family situation.



FAQs

Is a Power of Attorney the same as an LPA?
Not always. “Power of Attorney” is a broad term. An LPA is the main type used for future planning in England & Wales.

Do I need both LPAs?
Most people benefit from both: one protects money/property, the other protects healthcare decisions.

Can I have more than one attorney?
Yes, and you can decide how they must act (together or independently).

Can an attorney use my money for themselves?
No. Attorneys must act in your best interests and follow legal duties.

Do I lose control once I make an LPA?
No. You remain in control while you have capacity.


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