What is a Lasting Power of Attorney?

This guide is general information about the law in England and Wales, not legal advice. Every situation is different, so please speak to us or another qualified adviser before acting on it.

An LPA in one sentence

GOV.UK describes an LPA as a legal document that lets you (the donor) appoint one or more people (your attorneys) to help you make decisions, or to make decisions on your behalf. It gives you more control over what happens if an accident or illness means you can't make your own decisions, which the law calls "lacking mental capacity".

An LPA made under the rules for England and Wales is legally binding only in England and Wales. Scotland and Northern Ireland have their own systems.

The two types of LPA

There are two types, and you can make one or both. Most people make both, because they cover very different parts of life.

1. Property and financial affairs LPA

This lets your attorneys make decisions about your money and property. GOV.UK gives examples such as:

• managing a bank or building society account
• paying bills
• collecting benefits or a pension
• selling your home

Once it's registered, it can be used straight away with your permission, even while you still have capacity. That can help if, for example, you're in hospital, abroad or simply want help with paperwork.

2. Health and welfare LPA

This lets your attorneys make decisions about your care, such as:

• your daily routine, for example washing, dressing and eating
• medical care
• moving into a care home
• life-sustaining treatment, but only if you specifically give them this power in the form

A health and welfare LPA can only be used when you're unable to make your own decisions.

Who can make an LPA?

You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make it. You don't need to live in the UK or be a British citizen. The key point is timing: an LPA has to be made while you're able to make it. If capacity has already been lost, it's too late. Your family would then usually need to apply to the Court of Protection instead (see what happens if you don't have an LPA).

Choosing your attorneys

An attorney must be 18 or over and have mental capacity themselves. They could be a relative, a friend, your husband, wife or partner, or a professional. They don't need to live in the UK. For a property and financial affairs LPA, you can't choose someone who is bankrupt or subject to a Debt Relief Order.

GOV.UK suggests you think about how well they manage their own affairs, how well you know them, whether you trust them to act in your best interests, and whether they're happy to take on the role.

If you appoint more than one attorney

You must decide how they'll make decisions:

• Jointly and severally: they can make decisions on their own or together. This is flexible, because one attorney can act if another is unavailable.
• Jointly: they must all agree on every decision. This gives more protection, but if one attorney can no longer act, the LPA may stop working.
• A mix: some decisions jointly and others jointly and severally.

You can also name replacement attorneys who step in if an original attorney can no longer act. These choices are where many home-made LPAs go wrong, so they're worth thinking through carefully.

Who needs to sign?

You can make an LPA online or on paper, but either way it has to be printed and signed. GOV.UK says the forms must be signed by you, your attorneys, witnesses and a certificate provider. A certificate provider is someone who confirms you're making the LPA by choice and understand what you're doing.

• Everyone must sign the same original document, with no copies and no digital signatures.
• Witnesses and certificate providers must be 18 or over.
• Attorneys can witness each other signing, but they can't witness you signing and can't be your certificate provider.
• You can't act as a witness yourself.

The order of signing matters too. When we prepare LPAs, we send a step-by-step signing guide. Signing and witnessing correctly is your responsibility, so if anything is unclear, ask us before anyone signs.

Registering your LPA

An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. GOV.UK says this takes 8 to 10 weeks if there are no mistakes. Registration costs £92 per LPA, with reductions or exemptions for some people. Before applying, you send form LP3 to anyone you've listed as a "person to notify", and they have 3 weeks to raise concerns. You can register it yourself, or your attorney can. See how much an LPA costs for the full breakdown.

Common misunderstandings

• "My husband or wife can deal with everything anyway." Being married or related doesn't give someone automatic legal authority over your bank accounts, property or care decisions.
• "An LPA is only for older people." An accident or sudden illness can happen at any age. Anyone over 18 can make one.
• "An LPA lets my attorney do anything." Attorneys must act in your best interests and follow the Mental Capacity Act. You can also add instructions and preferences.
• "My will covers this." A will only takes effect after death. An LPA covers decisions while you're alive.

Sources: GOV.UK: Make, register or end a lasting power of attorney; GOV.UK: Choose your attorney; GOV.UK: Make your lasting power of attorney; GOV.UK: Register a lasting power of attorney; GOV.UK: Use or cancel an enduring power of attorney. Checked 23 October 2026.