What is a Lasting Power of Attorney? Complete UK Guide 2026

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is one of the most important legal documents you can create. It's a formal agreement that allows you to appoint one or more trusted people—called 'attorneys'—to make decisions on your behalf if you ever become unable to make them yourself.

In England and Wales, LPAs are governed by the Mental Capacity Act 2005 and registered with the Office of the Public Guardian (OPG). Once registered, your LPA ensures that someone you've personally chosen can step in to manage your affairs if you lose mental capacity due to illness, injury, or age.

Why is an LPA Different from a Will?

Many people confuse LPAs with Wills, but they serve completely different purposes:

• A Will only takes effect after you die. It controls how your assets are distributed.
• An LPA takes effect while you're still alive but unable to make decisions for yourself.

Think of it this way: a Will protects your wishes after death, while an LPA protects you during life.

The Two Types of Lasting Power of Attorney

In England and Wales, there are two distinct types of LPA:

1. Property and Financial Affairs LPA

This type covers decisions about:

• Managing bank accounts and investments
• Paying bills and managing debts
• Buying, selling, or renting property
• Claiming benefits and pensions
• Running a business

Key point: This LPA can be used as soon as it's registered, even if you still have mental capacity (with your permission). This makes it useful if you're physically unable to get to the bank or manage paperwork.

2. Health and Welfare LPA

This type covers decisions about:

• Medical treatment and care
• Where you live (including care homes)
• Daily care routines (washing, dressing, eating)
• Life-sustaining treatment (if you choose to include this power)
• Social services and community care

Key point: This LPA can only be used when you lack the mental capacity to make these decisions yourself.

Why Do You Need an LPA?

The Reality Without an LPA

If you lose mental capacity without an LPA in place, your loved ones face a difficult situation. They cannot:

• Access your bank accounts (even joint accounts may be frozen)
• Sell your property to fund care
• Make medical decisions on your behalf
• Manage your day-to-day finances

The only alternative is applying to the Court of Protection for a Deputyship order. This process:

• Takes 4-12 months on average
• Costs £1,000-£5,000+ in legal fees
• Requires ongoing annual supervision and fees
• Means a judge—not you—decides who manages your affairs

The Peace of Mind with an LPA

With registered LPAs in place:

• Your chosen people can act immediately when needed
• Your preferences and wishes are legally recorded
• Your family avoids expensive court applications
• You maintain control over who makes decisions for you

Who Should Create an LPA?

The short answer: every adult over 18 should have an LPA.

You're particularly at risk if you:

• Own property or have savings
• Have a spouse, partner, or dependents
• Run a business
• Are approaching retirement age
• Have a family history of dementia or stroke
• Are planning surgery or medical treatment
• Have children with special needs

The Age Factor

While 40% of LPAs are created by people over 70, experts recommend creating one much earlier. Accidents and sudden illness don't only affect the elderly. Young adults have been left in devastating situations after strokes, accidents, or sudden illness—with no LPA in place.

Our recommendation: Consider creating an LPA in your 50s, or whenever you have significant assets or responsibilities. Review it every 5-10 years.

How Much Does an LPA Cost?

Creating an LPA has two main costs:

1. Registration Fee (OPG)

• £92 per LPA (2026 rate)
• Both types = £164 total
• Fee exemptions available for those on low income or certain benefits

2. Preparation Costs

• DIY (OPG website): Free (but complex)
• Online LPA services: £74-140 per LPA
• Solicitors: £300-500+ per LPA

At myLPA, we offer both LPAs from just £140, including our expert guidance and checking service.

The LPA Registration Process

Creating an LPA involves several key steps:

Choose your attorneys - Select trusted people to act for you

Complete the LPA forms - Paper forms or online through the OPG

Add any restrictions or preferences - Customise how your attorneys can act

Sign the document - In front of a witness

Certificate provider signs - Someone confirms you understand the LPA

Attorneys sign - Your chosen people accept their role

Register with the OPG - Submit forms and pay the fee

Wait for registration - Currently taking 8-12 weeks

Common Questions About LPAs

Can I change my LPA after it's registered?

No, but you can revoke (cancel) it and create a new one, as long as you still have mental capacity.

What if my attorney dies or can't act?

This is why we recommend naming replacement attorneys. They step in if your main attorney can't continue.

Can I have more than one attorney?

Yes. You can appoint multiple attorneys to act:

• Jointly - They must all agree on every decision
• Jointly and severally - They can act together or independently
• Jointly for some decisions, severally for others - A combination

What's the difference between an LPA and an EPA?

Enduring Powers of Attorney (EPA) were replaced by LPAs in 2007. EPAs created before October 2007 are still valid, but you can no longer create new ones.

Taking the Next Step

Creating an LPA is one of the kindest things you can do for your family. It removes uncertainty, prevents expensive court applications, and ensures your wishes are respected.

At myLPA, we make the process simple:

• Complete our guided online questionnaire
• We check your documents for errors
• We help you through signing and registration
• Both LPAs from just £140

Don't wait until it's too late. Mental capacity can be lost suddenly and unexpectedly. Once it's gone, you cannot create an LPA.

Start Your LPA Today →