What Is a Lasting Power of Attorney and Do I Need One?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you lose mental capacity. Without one, your family may be unable to manage your finances or make medical decisions for you — even if you are married — without going through a lengthy and expensive court process.
Two Types of LPA
1. Property and Financial Affairs LPA
Covers decisions about:
- Bank accounts and savings
- Paying bills and collecting income
- Selling your home
- Managing investments
This LPA can be used while you still have capacity (with your permission) or only once you have lost it — your choice.
2. Health and Welfare LPA
Covers decisions about:
- Medical treatment
- Where you live (including care homes)
- Day-to-day care and routine
- Life-sustaining treatment
This LPA can only be used once you have lost mental capacity.
Who Should Have an LPA?
Most people assume LPAs are only for the elderly. This is wrong. You can lose mental capacity at any age — through accident, illness, or sudden medical event.
You should consider an LPA if you:
- Own property or have significant savings
- Have a family who would be affected by your incapacity
- Run a business
- Have strong views on medical treatment
- Are caring for dependants
What Happens Without an LPA?
If you lose capacity without an LPA in place, your family cannot automatically step in. Instead, they must apply to the Court of Protection for a Deputyship Order — a process that typically takes 6–12 months and costs £1,000–£4,000 in fees and legal costs.
During that time, your finances are frozen and your family has no authority to act on your behalf.
How to Set Up an LPA
- Choose your attorney(s) — who you trust to make decisions
- Complete the LPA forms — through an online service or solicitor
- Get it signed and certified — requires witnesses and a certificate provider
- Register with the Office of the Public Guardian — registration currently takes 20 weeks; registration fee is £82 per LPA
ClearLegacy can guide you through the full LPA process alongside your will.
LPA vs Will — What's the Difference?
A will only takes effect after death. An LPA only applies while you are alive but lack capacity. You need both — they cover different situations and complement each other.
Visit clearlegacy.co.uk to set up your will and LPA together.
Frequently Asked Questions
Can my spouse make decisions for me without an LPA?
No. Being married does not give your spouse automatic legal authority over your finances or medical treatment if you lose mental capacity. An LPA is required.
How much does an LPA cost to set up?
The Office of the Public Guardian charges £82 to register each LPA. If you use ClearLegacy to prepare the forms, our fees are significantly lower than a solicitor. Visit clearlegacy.co.uk for current pricing.
Can I have more than one attorney?
Yes. You can appoint multiple attorneys to act jointly (all must agree) or jointly and severally (either can act alone). Most people appoint 2–3 attorneys with a replacement attorney named in case one cannot act.
Can I cancel an LPA?
Yes. As long as you still have mental capacity, you can revoke an LPA at any time by notifying the Office of the Public Guardian and your attorneys in writing.
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