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Later-Life Planning

Lasting Power of Attorney Explained

What an LPA is, the two types available, how to make and register one, and when it can be used, in England and Wales.

10 min read · Written by the Fairchild Oldfield team · Last reviewed: June 2026

£92
The fee to register one lasting power of attorney with the Office of the Public Guardian, so around £184 to register both types. A reduction or exemption may apply on a low income or certain benefits.
Source: gov.uk, as at June 2026, subject to change.

A lasting power of attorney (LPA) is a legal document that lets you name one or more people to make decisions on your behalf if you later lose the mental capacity to make them yourself. In England and Wales there are two types, one for property and financial affairs and one for health and welfare.

An LPA is made while you still have capacity, and it must be registered with the Office of the Public Guardian before it can be used. It is one of the main building blocks of an estate plan, alongside a will and any inheritance tax planning. This guide explains the two types, how to set one up, what it costs, and what happens if capacity is lost without one. Figures are current as at June 2026 and are subject to change.

What is a lasting power of attorney?

A lasting power of attorney is a legal document under which you (the donor) appoint one or more attorneys to make decisions for you if you cannot make them yourself. It replaced the older enduring power of attorney for new arrangements from October 2007. An LPA must be made while you have mental capacity, and it must be registered with the Office of the Public Guardian before an attorney can act (gov.uk, power of attorney, as at June 2026).

The two types of LPA

There are two separate lasting powers of attorney in England and Wales, and many people choose to make both. A property and financial affairs LPA covers money, bank accounts, bills and property. A health and welfare LPA covers care, living arrangements and medical treatment. They are registered separately and can name different attorneys, so the split is worth understanding before you start.

FeatureProperty & financial affairsHealth & welfare
What it coversBank accounts, bills, pensions, benefits, buying or selling propertyDaily care, where you live, and medical treatment decisions
When it can be usedAs soon as it is registered, with your permission, or only if you lose capacityOnly once you have lost the capacity to make the decision yourself
Life-sustaining treatmentNot applicableAttorneys can decide only if you have specifically given them that authority
Registered withOffice of the Public GuardianOffice of the Public Guardian

Source: gov.uk/power-of-attorney, as at June 2026, subject to change. For a fuller breakdown, see Types of LPA: Health and Welfare vs Property and Financial.

Why a lasting power of attorney matters

Without an LPA, no one has an automatic right to manage your affairs if you lose capacity, not even a spouse or adult child. A joint bank account may be frozen, and a partner cannot simply step in to sign for a property or speak to a pension provider. An LPA lets you choose who acts for you, and set out how, before capacity is ever in question. It sits alongside a will and inheritance tax planning in a wider estate planning guide.

  • Choice. You decide who acts for you, rather than leaving it to a court.
  • Continuity. Bills, care fees and property matters can be managed without delay.
  • Instructions. You can set preferences and binding instructions for your attorneys.
  • Peace of mind. Family avoid a lengthy court application at an already difficult time.
A worked example (illustration only). Say a person makes both LPAs, naming their spouse and adult daughter as joint attorneys. Years later they are diagnosed with dementia. Because the property and financial affairs LPA is already registered, the attorneys can keep paying the mortgage, arrange care and deal with the pension without going to court. The health and welfare LPA lets them decide on care arrangements once capacity is lost. Had no LPA existed, the family would instead have faced a Court of Protection deputyship application, which is generally slower and more expensive. This is a general illustration, not advice, and every situation differs.

Setting one up

How to make a lasting power of attorney

I

Choose attorneys

Pick one or more people aged 18 or over whom you trust, and decide whether they act jointly or separately.

II

Complete the forms

Set out your attorneys, any preferences or instructions, and name people to be told when the LPA is registered.

III

Certificate provider

Someone independent confirms you understand the LPA and are not under pressure to make it.

IV

Register with the OPG

The signed LPA is sent to the Office of the Public Guardian, which registers it before it can be used.

Registration and cost

Registering an LPA and what it costs

An LPA has no legal effect until the Office of the Public Guardian registers it, and it can be registered as soon as it is made rather than waiting until capacity is lost. Registration currently costs £92 for each LPA, so around £184 for both types, and it generally takes 8 to 10 weeks if there are no mistakes in the application (gov.uk, as at June 2026, subject to change).

ItemDetail (June 2026)
Registration fee, per LPA£92
Both LPAs registeredAround £184
Typical time to register8 to 10 weeks
Fee reductionMay apply on an income under £12,000 a year
Fee exemptionMay apply if you receive certain means-tested benefits

Source: gov.uk/power-of-attorney/register, as at June 2026, subject to change. Any solicitor or specialist fee for preparing the forms is separate from the registration fee. See How much does power of attorney cost?

The registration fee

£92

The fee to register a single lasting power of attorney with the Office of the Public Guardian, as at June 2026. A reduction or exemption may apply on a low income or certain benefits, and the figure is subject to change.

What happens if you lose capacity without an LPA

If someone loses mental capacity and has no registered LPA in place, family cannot simply take over. A relative or friend would usually need to apply to the Court of Protection to be appointed as a deputy, which tends to be slower, more expensive and more closely supervised than an LPA. A deputy is subject to ongoing oversight from the Office of the Public Guardian (gov.uk, deputies, as at June 2026). Because an LPA can only be made while you still have capacity, this is one reason many people choose to set one up earlier rather than later.

An LPA is made while you can. A deputyship is what is left once you no longer can.

An LPA also connects to the wider picture. It does not itself deal with what happens to your estate after death, which is where a will, probate and tax planning come in. It can be worth reading about inheritance tax and what is probate to see how the pieces fit together, and to discuss the combination that suits your circumstances with a qualified professional.

Lasting powers of attorney in Scotland and Northern Ireland

This guide describes the law of England and Wales. The other UK nations differ. In Scotland the equivalent documents are a continuing power of attorney for financial matters and a welfare power of attorney, registered with the Office of the Public Guardian (Scotland), and the terms and forms are not the same. Northern Ireland has its own system, historically based on enduring powers of attorney with more recent reforms. If your affairs touch more than one UK nation, it can be worth taking advice in each.

Frequently asked questions

What is a lasting power of attorney?

A lasting power of attorney is a legal document that lets you name one or more people to make decisions for you if you later lose the mental capacity to make them yourself. In England and Wales there are two types, one covering property and financial affairs and one covering health and welfare. It must be made while you have capacity and registered before it can be used.

What are the two types of LPA?

The two types in England and Wales are a property and financial affairs LPA, covering money, bills, pensions and property, and a health and welfare LPA, covering care, living arrangements and medical treatment. Many people choose to make both, and they can name different attorneys. Each is registered separately with the Office of the Public Guardian.

How much does it cost to register an LPA?

Registration currently costs £92 for each LPA, so around £184 for both types, according to gov.uk as at June 2026, subject to change. A reduction may apply on an income under £12,000 a year, and an exemption may apply on certain means-tested benefits. Any solicitor or specialist fee for preparing the forms is separate from the registration fee.

Do I need a solicitor to make an LPA?

Not always. It is possible to make and register an LPA without a solicitor using the gov.uk service. That said, many people choose professional help where their affairs are complex, family relationships are difficult, or they want instructions drafted carefully, and a solicitor or a qualified specialist can help avoid mistakes that delay registration.

When can a lasting power of attorney be used?

An LPA can only be used once it has been registered with the Office of the Public Guardian. A property and financial affairs LPA can then be used as soon as it is registered if you give permission, or only if you lose capacity. A health and welfare LPA can only be used once you have lost the capacity to make the decision in question.

What happens if I lose capacity without an LPA?

If no registered LPA is in place, family cannot automatically take over. Someone would usually have to apply to the Court of Protection to be appointed as a deputy, which is generally slower and more expensive than an LPA and involves ongoing supervision. Because an LPA can only be made while you still have capacity, many people set one up in advance.

How long does it take to register an LPA?

Registration generally takes about 8 to 10 weeks if there are no mistakes in the application, according to gov.uk as at June 2026, subject to change. Errors on the forms can lead to delays or a rejected application, so it is worth checking the details carefully or asking a qualified professional to review them before submission.

About Fairchild Oldfield

Fairchild Oldfield is an estate planning specialist with over a decade of experience helping families with wills, later-life planning and lasting powers of attorney.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at June 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

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