I. What is a Lasting Power Of Attorney, And Who Needs One?

An LPA Secures Your Future

A Lasting Power of Attorney or LPA is a legal document that lets you choose trusted people – called attorneys – to make decisions for you if you lose the ability to make them yourself. This could be about your finances, property, or healthcare – depending on the type of LPA you choose.

Essentially, it’s about planning ahead and ensuring your wishes are respected if you ever can't make decisions for yourself.

England and Wales Only

Lasting Powers of Attorney are used in England and Wales.

If you live in Scotland you need to search for a Power Of Attorney.

If you live in Northern Ireland, you need an Enduring Power of Attorney.

Who Needs An LPA?

An LPA is beneficial for anyone who wants to ensure their affairs are managed according to their wishes if they lose the mental capacity to make decisions themselves. However, some individuals might particularly benefit from having one. These include:

• Adults over 50: While anyone can create one, planning ahead becomes more important with age as the risk of losing mental capacity increases.

• Individuals with health conditions: People diagnosed with conditions like dementia, Alzheimer's, Parkinson’s disease, or those at risk of stroke should consider an LPA while they still have the mental capacity to make one.

• Anyone with concerns about future capacity: If you worry about potential loss of mental capacity due to an accident or unforeseen illness, an LPA provides peace of mind.

• People who own property or have complex finances: An LPA is crucial for managing assets, paying bills, and making financial decisions if you become unable to do so yourself.

• Individuals who want to specify how their care is managed: A health and welfare LPA allows you to outline your wishes regarding medical treatment, daily routines, and living arrangements.

Important!

You can only create a Lasting Power of Attorney while you still have the mental capacity to do so.

If you wait until you begin to lose mental capacity it may be too late.

What is an Attorney?

Most people know the word 'attorney' from US legal shows, where the word indicates a slick talking lawyer who banters with the judge and wins the case at the last moment.

However, in the case of LPAs, an attorney is simply the person you nominate to make decisions for you in the event you lose capacity to make them yourself.

You can nominate anyone you like to be your attorney (as long as they are over the age of 18, not bankrupt and not subject to a debt relief order), so choose someone you trust to act in your best interests. Most people choose a relative or friend, but sometimes professionals (for instance Solicitors) are nominated as 'professional attorneys'. Professional attorneys charge fees, while usually non-professionals do not (though often they can claim expenses).

Is it Expensive to Make an LPA?

Anyone can draw up an LPA – there is no need to pay a solicitor or anyone else to make and sign one. For more information see here.

If you have complex needs or if you feel uncertain about the process, we offer a personal service to see you through the process at a very competitive price. Click here for details.

Whichever way you do it, an LPA needs to be registered with HM Government through the Office of the Public Guardian before it can take effect. From November 2025, this costs £92 for each LPA. Registration can be done as soon as the LPA is signed, or you can wait until you think it is going to be needed.

Next: There are two different types of LPAs, Property and Financial Affairs LPAs and Health and Welfare LPAs. To find out about these click the button below.

Lasting Powers of Attorney – A Simple Guide

I. What is an LPA?