Lasting Power of Attorney Explained: A UK Guide

Picture a man in his late fifties, standing at a bank counter with a folder under his arm. His mother had a stroke three weeks ago. She is alive, she is being cared for, but she can no longer follow a conversation about money. Her care home invoice is due. Her rent on the flat she will not go back to is still coming out. The bank is polite and sympathetic, and it will not let him touch a penny.

He is her only child. He has her PIN written on a note she gave him years ago. None of that matters. Without a legal document giving him authority, he cannot run her accounts, sell her flat or even close her direct debits. His only route now is an application to the Court of Protection, which can take many months.

The document that would have solved all of this is called a lasting power of attorney, or LPA. Most people think about wills, and our will guide covers those. But a will only works after you die. An LPA covers the years before that, which for many families are the harder ones.

Around 1,800 people die in the UK every day, part of the roughly 170,000 deaths a day on our live counter. Many of them spend their last months or years unable to make some decisions for themselves, whether through dementia, a stroke or serious illness. This guide explains how LPAs work in England and Wales, with notes on Scotland and Northern Ireland.

What a lasting power of attorney is

An LPA is a legal document that lets you (the donor) choose one or more people (your attorneys) to make decisions for you if you cannot make them yourself. It is set up and registered with the Office of the Public Guardian (OPG) in England and Wales.

Term	Meaning
Donor	The person making the LPA
Attorney	Someone appointed to make decisions for the donor
Replacement attorney	Steps in if an attorney can no longer act
Certificate provider	An independent person who confirms the donor understands the LPA and is not being pressured
Office of the Public Guardian	The government body that registers LPAs and supervises attorneys
Mental capacity	The ability to understand, remember and weigh up information to make a particular decision

The key word is lasting. Unlike an ordinary power of attorney, an LPA keeps working after you lose mental capacity, which is exactly when it is needed.

The two types of LPA

There are two separate kinds, and many people make both.

	Property and financial affairs	Health and welfare
Covers	Bank accounts, bills, pensions, benefits, buying or selling your home	Medical treatment, care, where you live, daily routine
When it can be used	As soon as it is registered, with your permission, even while you still have capacity	Only once you lack capacity to make that decision
Life-sustaining treatment	Not covered	You choose whether your attorneys can make this decision
Common use	Paying care home fees, managing money after a stroke or dementia diagnosis	Agreeing a care plan, refusing or accepting treatment
Fee	Separate registration fee for each	Separate registration fee for each

A financial LPA can be useful even if you never lose capacity. Someone recovering in hospital, or who simply finds banking difficult, can let an attorney act for them while still being in charge.

For a health and welfare LPA, you make a clear choice on the form about whether your attorneys can give or refuse consent to life-sustaining treatment. Think hard about this, and talk it through with the people you appoint.

Why it matters: the numbers behind it

The main reason families need an LPA is dementia, which is now among the leading causes of death in the UK, as we explain in dementia deaths have doubled in 20 years.

Situation	Why an LPA helps
Dementia	Capacity is lost gradually; an LPA must be made while you still have it
Stroke	Can remove capacity suddenly, with no warning
Serious accident or head injury	Can happen at any age
Long stays in hospital	Bills, rent and benefits still need managing
Older age with frailty	Attorneys can step in for the parts you find hard

Alzheimer's Society estimates that close to a million people in the UK live with dementia, and that number is expected to rise as the population ages. Our 70 to 84 age group page and 85 plus page show how sharply the risk of these conditions rises in later life. The catch is simple: you can only make an LPA while you still have capacity. Once it is gone, it is too late.

What happens if you do not have one

If you lose capacity without an LPA, nobody automatically has the right to manage your affairs. Not your husband, wife or civil partner, and not your children.

	With an LPA	Without an LPA
Who decides	People you chose	Someone the court appoints, if anyone applies
How	Already registered and ready	Family must apply to the Court of Protection to become a deputy
Time	Can be used immediately	Often many months
Ongoing supervision	Light	Deputies must report to the OPG every year and may need insurance (a security bond)
Cost	Registration fee	Court fees, supervision fees and often legal costs
Joint bank accounts	Unaffected	Banks may restrict use of joint accounts

Deputyship works, but it is slower, more expensive and more closely supervised. Many families find the process stressful at exactly the moment they are trying to arrange care.

How to make an LPA, step by step

GOV.UK lets you make an LPA online through the Office of the Public Guardian's service, or by printing paper forms.

Step	What you do
1. Choose your attorneys	One or more people aged 18 or over who you trust; they cannot be bankrupt for a financial LPA
2. Decide how they act	Jointly (all must agree), jointly and severally (together or alone), or a mix
3. Add replacement attorneys	Optional, but sensible
4. Add preferences and instructions	Instructions must be followed; preferences are guidance
5. Choose a certificate provider	Someone who has known you for at least two years, or a professional such as a doctor or solicitor
6. Name people to notify	Optional people who get a chance to raise concerns
7. Sign in the right order	You, then the certificate provider, then attorneys and replacements; signatures must be witnessed
8. Register with the OPG	Send it with the fee, or ask about a reduction or exemption

You do not need a solicitor. Many people complete the online forms themselves. A solicitor can help if your situation is complicated, such as running a business, owning property abroad or worrying that a family member may object.

Fees change, so check GOV.UK for the current registration fee. Reduced fees or exemptions are available for people on lower incomes or certain benefits.

How long registration takes

An LPA cannot be used until the OPG has registered it. There is a statutory waiting period of four weeks so that anyone who has been notified can object. The OPG publishes its current processing times on GOV.UK, and they have varied a lot in recent years, sometimes stretching to several months.

Stage	What happens
OPG receives the application	Checks it is complete and the fee is paid
Notices sent	People to notify are told and can object
Statutory waiting period	Four weeks
Registration	The LPA is stamped and returned, or an online code is issued
Using it	Attorneys show it, or share an access code, with banks and care providers

This delay is another reason to act early. An LPA made in a hurry after a diagnosis may not be ready when it is first needed.

Choosing the right attorneys

This is the most important decision in the whole process.

Question to ask	Why it matters
Do I trust them completely?	They will have real power over your money or care
Are they organised?	Financial attorneys must keep your money separate and keep records
Do they live nearby?	Health decisions often need someone close at hand
Will they get along with each other?	Joint attorneys who disagree can stall everything
Are they likely to outlive me?	A younger replacement attorney adds security

Attorneys must follow the Mental Capacity Act 2005. They have to act in your best interests, involve you in decisions as much as possible, and keep your money separate from their own. The OPG can investigate if someone raises a concern.

Scotland and Northern Ireland

	England and Wales	Scotland	Northern Ireland
Document	Lasting power of attorney	Continuing (financial) and welfare power of attorney	Enduring power of attorney (financial only)
Registered with	Office of the Public Guardian	Office of the Public Guardian (Scotland)	Office of Care and Protection
Health and welfare decisions	Health and welfare LPA	Welfare power of attorney	Not currently covered by an EPA
Check	GOV.UK	mygov.scot	nidirect

The Mental Capacity Act (Northern Ireland) 2016 is being brought in gradually, so check nidirect for the latest position before you act.

What happens to an LPA when you die

An LPA ends the moment the donor dies. From then on, your attorneys have no authority over your money, even if they managed it for years. The job passes to the executors named in your will, who usually need probate before they can deal with the estate.

	Lasting power of attorney	Will
Works when	You are alive but lack capacity (or with your permission)	After you die
Who acts	Attorneys	Executors
Registered	Yes, with the OPG	No
Ends	On your death	Never: it takes effect on death

That is why most planning guides recommend making both at the same time. The same person can be an attorney and an executor. Banks freeze sole accounts when the bank learns of a death, as we explain in what happens to your bank account when you die, so attorneys should stop using the account and tell the bank promptly.

Common questions

I am married. Do I still need one? Yes. Being married does not give your spouse legal authority over accounts in your sole name or over your medical treatment.

I am only in my thirties. Is it worth it? Accidents and sudden illness happen at every age. Making an LPA when you are well is far easier than relying on the court later.

Can I cancel it? Yes. While you have capacity, you can revoke an LPA at any time by telling the OPG and your attorneys.

Does it replace a will? No. They do different jobs. Our will guide and what happens if you die without a will explain the other half.

The bottom line

A lasting power of attorney lets people you trust step in if you cannot decide for yourself, without a court application. There are two types, financial and health, and you can only make them while you still have capacity. They take weeks to register, so the right time is long before you need one.

Once your LPAs and will are in place, the last piece is making sure your family can find everything. Our When I'm Gone planner gives them one place for accounts, contacts, documents and wishes. You can also try the will calculator, and read what to do when someone dies in the UK and inheritance tax explained to see the full picture.

While you were reading this, about 15 people died in the UK and more than 1,300 around the world, a figure you can watch rise on our live death counter. An afternoon of paperwork now can save the people you love months of stress later.

Sources: GOV.UK, Make, register or end a lasting power of attorney (types of LPA, attorneys, certificate providers, registration and fees); Office of the Public Guardian, About our services (processing times, March 2026); GOV.UK, Deputies: make decisions for someone who lacks capacity; Mental Capacity Act 2005 and Code of Practice; Alzheimer's Society, dementia prevalence estimates; mygov.scot and the Office of the Public Guardian (Scotland); nidirect, enduring power of attorney and the Mental Capacity Act (Northern Ireland) 2016. Fees and processing times change, so check GOV.UK before you apply. This article is general information, not legal advice. For complex situations, speak to a solicitor.