Lasting Power of Attorney Explained: A Guide for Families
If your loved one loses the ability to make decisions for themselves, who has the legal authority to act on their behalf? Without the right legal arrangements in place, families can face delays, stress, and expensive court processes at an already difficult time.
A Lasting Power of Attorney (LPA) is a legal document that allows someone to appoint a trusted person to make decisions on their behalf if they can no longer do so themselves. It is one of the most important steps you can take to protect your loved one’s future and make caring for them easier.
This guide explains what an LPA is, how it works, the difference between LPAs and older Enduring Powers of Attorney, and what happens if no legal authority exists.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that gives someone you trust (called an “attorney”) the authority to make decisions on your behalf if you lose mental capacity. Mental capacity means the ability to make or communicate decisions about your own life.
LPAs can only be set up while the person still has mental capacity. Once capacity is lost, it is too late, and families must apply to the Court of Protection instead.
There are two types of LPA, and you can have one or both:
1. Property and Financial Affairs LPA
This gives your attorney the power to manage financial matters, including:
- Paying bills and managing bank accounts
- Selling or managing property
- Claiming benefits or pensions
- Making care home payments
- Managing investments
When can it be used?
This LPA can be used as soon as it is registered, even if the person still has mental capacity (if they choose to allow it). This can be helpful for practical support as someone gets older, even before capacity is lost.
2. Health and Welfare LPA
This gives your attorney the power to make decisions about health and care, including:
- Where the person lives (including moving into a care home)
- Medical treatment and care plans
- Daily routines and activities
- Life-sustaining treatment (if specifically stated in the LPA)
When can it be used?
This LPA can only be used once the person has lost mental capacity and cannot make their own health and welfare decisions.
Why an LPA Matters
Without an LPA, no one automatically has legal authority to make decisions on behalf of your loved one, even close family members like spouses, children, or siblings.
If decisions need to be made about finances, property, or care and there is no LPA in place, someone will need to apply to the Court of Protection to become a Deputy. This process is:
- Time-consuming (often several months)
- Expensive (application fees, legal costs, ongoing supervision fees)
- Stressful at an already difficult time
An LPA avoids this entirely. It is quicker, cheaper, and ensures the person your loved one trusts is legally empowered to help them.
What Is an Enduring Power of Attorney?
Before October 2007, the legal mechanism was called an Enduring Power of Attorney (EPA). EPAs could only cover financial matters, not health and welfare decisions.
Are EPAs still valid?
Yes. If an EPA was created and signed before 1 October 2007, it is still legally valid and does not need to be replaced with an LPA. However, it must be registered with the Office of the Public Guardian before it can be used once the person loses capacity.
Key differences between EPA and LPA:
| Feature | Enduring Power of Attorney (EPA) | Lasting Power of Attorney (LPA) |
|---|---|---|
| Created | Before 1 October 2007 | After 1 October 2007 |
| Covers | Financial matters only | Financial AND/OR health and welfare |
| Registration | Must register when capacity is lost | Must register before use |
| Still valid? | Yes, if created before Oct 2007 | Current legal framework |
If your loved one has an old EPA, check whether it has been registered. If not, you will need to register it with the Office of the Public Guardian before you can use it.
How to Set Up an LPA
Setting up an LPA involves several steps, but the process is straightforward.
Step 1: Choose Your Attorney(s)
Your loved one needs to choose someone they trust completely. This could be:
- A spouse or partner
- An adult child
- A sibling or other relative
- A close friend
You can appoint more than one attorney and decide whether they must make decisions jointly (together) or jointly and severally (independently or together).
Important: The attorney must be over 18, have mental capacity themselves, and not be bankrupt (for Property and Financial Affairs LPAs).
Step 2: Choose a Certificate Provider
A certificate provider is an impartial person who confirms that your loved one understands what they are doing and is not being pressured. This must be either:
Someone who has known your loved one for at least two years (like a friend or neighbour), or
A professional such as a GP, solicitor, or social worker
Step 3: Complete the LPA Forms
LPA forms can be completed:
- Online via the GOV.UK website
- On paper forms ordered from GOV.UK
The forms must be signed in a specific order: first the person making the LPA (the donor), then the certificate provider, then the attorney(s).
Step 4: Register the LPA
Once completed, the LPA must be registered with the Office of the Public Guardian before it can be used.
Registration costs (2024-2025):
- £82 per LPA
- Reduced fee or exemption may be available if the person receives certain benefits
Registration usually takes 8 to 10 weeks. Once registered, the attorney receives the legal authority to act.
You can register an LPA at any time after it is signed, even if the person still has capacity. Many families register immediately for peace of mind.
What Happens If There Is No LPA?
If your loved one loses mental capacity and has not set up an LPA, someone will need to apply to the Court of Protection to become a Deputy.
What Is the Court of Protection?
The Court of Protection makes decisions on behalf of people who lack mental capacity. If there is no LPA, a family member or professional can apply to become a Deputy, which gives them similar powers to an attorney.
Types of Deputyship:
Property and Financial Affairs Deputy: Manages money, bills, and assets
Health and Welfare Deputy: Makes care and treatment decisions (rarely granted, usually only for complex cases)
The Process
Applying to become a Deputy involves:
- Completing a detailed application form
- Providing medical evidence of lost capacity
- Paying court fees (£371 application fee, plus £485 first-year supervision fee)
- Waiting several months for approval
- Annual reporting and supervision by the Office of the Public Guardian
Ongoing costs:
- Annual supervision fee: £320 per year
- Possible legal costs if the application is complex
This is far more expensive, time-consuming, and stressful than setting up an LPA in advance.
Common Questions About LPAs
Can I set up an LPA for someone else?
No. The person must set up the LPA themselves while they still have mental capacity. However, you can help them complete the forms and guide them through the process.
What if my loved one has early dementia?
As long as they understand what an LPA is and what it means to appoint an attorney, they can still set one up. A GP or solicitor can assess capacity if there is any doubt.
Can an LPA be cancelled?
Yes. The person who made the LPA can cancel it at any time while they still have capacity. They must notify the Office of the Public Guardian and the attorney(s).
Can I be an attorney if I live abroad?
Yes, but it may be impractical for day-to-day decisions. Consider appointing someone based in the UK alongside or instead.
What if the attorney abuses their power?
The Office of the Public Guardian investigates concerns about attorneys. You can report suspected abuse or misuse of an LPA.
When to Set Up an LPA
The best time to set up an LPA is now, while your loved one still has full capacity. Many people put it off, thinking it is something to worry about later. But by the time capacity is lost, it is too late.
Setting up an LPA is not about expecting the worst. It is about being prepared and making sure the people you trust can help you when you need it most.
At Boutique Care Homes, we often support families who are navigating these legal processes while also thinking about care. Our team can guide you through what arrangements to consider and connect you with trusted legal and financial professionals if needed.
How to Get Started
For LPAs:
Visit GOV.UK and search for “Lasting Power of Attorney” to access forms, guidance, and online registration.
Office of the Public Guardian: https://www.gov.uk/power-of-attorney
For EPAs:
If you have an old EPA, visit GOV.UK and search for “register an Enduring Power of Attorney.”
For Court of Protection / Deputyship:
Visit GOV.UK and search for “apply to become a deputy” or contact the Court of Protection.
Court of Protection: https://www.gov.uk/courts-tribunals/court-of-protection
For free, impartial advice:
Citizens Advice: https://www.citizensadvice.org.uk
Age UK: https://www.ageuk.org.uk
SOURCES:
GOV.UK – Make, register or end a Lasting Power of Attorney: https://www.gov.uk/power-of-attorney
Office of the Public Guardian: https://www.gov.uk/government/organisations/office-of-the-public-guardian
GOV.UK – Enduring Power of Attorney: https://www.gov.uk/enduring-power-attorney-duties
GOV.UK – Deputies: make decisions for someone who lacks capacity: https://www.gov.uk/become-deputy
Court of Protection: https://www.gov.uk/courts-tribunals/court-of-protection
Citizens Advice – Lasting Power of Attorney: https://www.citizensadvice.org.uk/family/looking-after-people/lasting-power-of-attorney/
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