Do you need a Lasting Power of Attorney? Discover how LPAs work, costs, risks of not having one, and how to protect your finances and health decisions.
- Navnit Nandhe
- Jun 11
- 7 min read
Category: Lasting Power of Attorney
Target keyword: What is a lasting power of attorney
Author: Heritance Planning
Read time: 6 minutes
It is one of the most important legal documents you can put in place — yet it remains one of the most misunderstood and most frequently overlooked aspects of estate planning.
Most people have heard of a Will. Far fewer have heard of a Lasting Power of Attorney. And of those who have, many assume it is something only elderly people need to think about. This assumption is not just wrong — it is potentially dangerous.
A Lasting Power of Attorney could be the most important document you ever sign. Here is everything you need to know.
What Is A Lasting Power of Attorney?
A Lasting Power of Attorney — commonly known as an LPA — is a legal document that allows you to appoint one or more trusted people to make decisions on your behalf if you ever lose the mental capacity to make those decisions yourself.
The person making the LPA is called the donor. The people appointed to act on your behalf are called attorneys.
Losing mental capacity does not just happen in old age. It can happen at any time — through a sudden accident, a stroke, a serious illness or the onset of conditions such as dementia. Without an LPA in place, your family has no legal authority to manage your affairs — regardless of how close they are to you.
Not even your spouse. Not even your children.
The Two Types Of Lasting Power of Attorney
There are two distinct types of LPA and most people need both.
1. Property and Financial Affairs LPA
This type of LPA gives your attorneys the authority to manage your financial life on your behalf. This includes:
- Accessing your bank accounts and managing your money
- Paying your bills and household expenses
- Managing your investments and savings
- Buying or selling property on your behalf
- Managing your pension and benefits
- Running your business affairs if you are a business owner
A Property and Financial Affairs LPA can be used while you still have capacity — with your permission — as well as when you have lost capacity. This makes it useful not just for incapacity planning but also for practical situations such as travelling abroad for extended periods.
2. Health and Welfare LPA
This type of LPA gives your attorneys the authority to make decisions about your personal welfare and medical care. This includes:
- Day to day care decisions — where you live, your daily routine
- Medical treatment decisions — including consenting to or refusing treatment
- Life sustaining treatment — you can specify whether your attorneys can make decisions about treatments that keep you alive
- Care home placement decisions
A Health and Welfare LPA can only be used once you have lost mental capacity — it cannot be used while you are still able to make your own decisions.
What Happens Without An LPA?
This is where most people get a significant surprise.
Without an LPA in place, if you lose mental capacity your family cannot legally manage your affairs — even for the most basic tasks. They cannot access your bank account to pay your mortgage. They cannot make decisions about your medical care. They cannot manage your property or investments.
To gain legal authority to act on your behalf they would need to apply to the Court of Protection for a Deputyship Order. This process is:
- Expensive — court fees and legal costs can run to thousands of pounds
- Slow — the process typically takes six months to a year or longer
- Stressful — happening at an already difficult and emotional time
- Uncertain — the court decides who acts as deputy, not you
- Ongoing — deputies must report to the court annually, creating a permanent administrative burden
All of this is entirely avoidable with an LPA in place. The cost and time involved in setting up an LPA is a fraction of what a Deputyship application costs — and it gives you complete control over who acts for you and how.
Who Should Have An LPA?
The short answer is — everyone over the age of 18.
Many people assume LPAs are only for the elderly or those with existing health conditions. This is a misconception that leaves millions of people dangerously unprotected.
Consider these scenarios:
The young professional — A 32 year old suffers a serious road accident and is left in a coma. Their partner cannot access their bank account to pay the mortgage. Their employer cannot receive authorisation for sick pay. Their family cannot make medical decisions. Without an LPA everything grinds to a halt.
The business owner — A 48 year old director has a stroke. Without a Property and Financial Affairs LPA nobody has legal authority to manage the business. Contracts cannot be signed. Payments cannot be authorised. The business may face collapse.
The expat — A British expat living in Dubai loses capacity while abroad. Without a UK LPA their family cannot manage their UK bank accounts, property or pension from overseas. The situation becomes enormously complicated.
The married couple — A husband loses capacity unexpectedly. His wife assumes she can manage their joint finances. She can access their joint account — but she cannot manage his sole accounts, his ISA, his pension or his business interests without an LPA.
None of these situations are remote possibilities. They happen every day. And in every case an LPA would have made the situation significantly more manageable.
How Is An LPA Different From An Enduring Power of Attorney?
If you or your parents have an older document called an Enduring Power of Attorney (EPA), it is worth knowing that EPAs were replaced by LPAs in October 2007.
Existing EPAs remain valid — but they only cover property and financial affairs, not health and welfare. If you have an EPA and do not have a Health and Welfare LPA you should consider putting one in place.
Any new powers of attorney must be LPAs — EPAs can no longer be created.
The LPA Registration Process
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. This is a critical point that many people miss — an unregistered LPA is not valid.
The registration process involves:
1. Drafting the LPA — the document must be completed correctly, including all required sections and signatures
2. Certificate provider — an independent person must certify that you understand the LPA and are not being pressured into making it
3. Notifying people — certain people must be notified that you are making an LPA
4. Witnesses — signatures must be witnessed correctly
5. Registration — the completed document is submitted to the OPG with the registration fee
The OPG currently takes around 20 weeks to register an LPA. This means there is a significant lead time between deciding to make an LPA and having a registered, usable document in place.This is why acting early matters so much. If you wait until you need an LPA it will almost certainly be too late — by definition you need mental capacity to make one.
How Much Does An LPA Cost?
The Office of the Public Guardian charges a registration fee of £82 per LPA — so £164 for both a Property and Financial Affairs LPA and a Health and Welfare LPA.
In addition to the OPG fee you will pay a professional fee for drafting and managing the process. At Heritance Planning our LPA service includes professional drafting of both LPAs, guidance through the entire registration process and secure document storage.
Our LPA packages start from £295 — all fees confirmed following your free 30 minute consultation.
Common Questions About LPAs
Can I choose more than one attorney?
Yes — you can appoint multiple attorneys. You can specify whether they must act jointly (making decisions together) or jointly and severally (able to act independently). Most people appoint two or more attorneys acting jointly and severally for flexibility.
Can I restrict what my attorneys can do?
Yes — you can include specific instructions and preferences in your LPA. For example you can specify that attorneys must consult certain people before making major decisions, or that you wish to remain living at home for as long as possible.
Can I cancel an LPA?
Yes — as long as you have mental capacity you can cancel an LPA at any time by completing a deed of revocation and notifying the OPG.
What if my attorney can no longer act?
If your sole attorney dies or loses capacity you would need to apply to the Court of Protection unless you have a replacement attorney named in the LPA. This is why naming at least one replacement attorney is always recommended.
Does my LPA cover assets abroad?
A UK LPA only covers UK assets and affairs. If you have significant assets abroad — for example as a British expat — you may need additional powers of attorney in the relevant jurisdiction. At Heritance Planning we advise on this as part of our expat estate planning service.
How Heritance Planning Can Help
At Heritance Planning we handle the entire LPA process from start to finish — drafting, certificate provider arrangements, registration guidance and secure storage. Our service is fully remote — everything handled digitally from wherever you are in the world.
Given the current OPG registration timescales of around 20 weeks, the best time to put your LPA in place is right now — before you need it.
Our LPA packages start from £295 — all fees confirmed following your free 30 minute consultation.
Ready to get your LPA in place? Book your free no obligation consultation today at [heritanceplanning.com](https://heritanceplanning.com) or email us directly at hello@heritanceplanning.com
All enquiries responded to within 24 hours.
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- How To Reduce Your Inheritance Tax Bill Legally
- UK Expats In Dubai — Is Your UK Estate Protected?
© 2026 Heritance Planning. All rights reserved. This article is for informational purposes only and does not constitute legal or tax advice. Please seek professional advice tailored to your individual circumstances.
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