A Lasting Power of Attorney (LPA) is a legal document that gives a person you trust — your "attorney" — the authority to act on your behalf if you become unable to do so yourself. This might be due to dementia, a stroke, a serious accident, or any other condition affecting mental capacity.
Most people think this only matters in old age. It doesn't. An accident tomorrow could leave you incapacitated at any age. Without an LPA, your family — however loving and well-intentioned — would have no legal authority to access your bank accounts, pay your mortgage, or make decisions about your medical care.
Allows your attorney to manage bank accounts, pay bills, collect income, manage property and investments. Can be used with your permission while you still have capacity, or restricted to when you lose capacity.
Allows your attorney to make decisions about your medical treatment, care home placement, daily routine and — crucially — whether life-sustaining treatment should be continued. Only active once you lack capacity.
Most estate planners recommend having both. They cover different areas of your life and together provide complete protection.
If you lose mental capacity without an LPA in place, your family must apply to the Court of Protection for a "Deputyship Order" to manage your affairs. This process:
During the Deputyship application, your family may be unable to access your bank accounts or pay your mortgage — even if your money is sitting in an account in your name.
There are two costs: the preparation fee and the Office of the Public Guardian (OPG) registration fee.
For both LPAs (Property & Financial + Health & Welfare), the total with Clear Legacy is from £178 in preparation fees, plus £164 in OPG registration fees — compared to £600–£1,200+ with a solicitor.
Your attorney must be 18 or over and have mental capacity themselves. Most people choose:
You can appoint multiple attorneys and specify whether they must act jointly (together for every decision) or jointly and severally (independently, which is more practical for day-to-day matters).
Property & Financial and Health & Welfare LPAs prepared and registered with the OPG. Fixed fee. No solicitor needed.
Arrange My LPANo. You can only make an LPA for yourself, while you have mental capacity. Once capacity is lost, it is too late — you must apply to the Court of Protection for a Deputyship instead.
No. A Will only takes effect when you die. An LPA protects you during your lifetime if you lose capacity. They serve completely different purposes, and ideally you should have both.
Yes, at any time while you have mental capacity, by completing an LPA003 form and notifying the OPG. Once you lose capacity, the LPA can only be ended by the Court of Protection.