Lasting Power of Attorney (LPA)

Why LPA matters so much

If a person loses mental capacity without an LPA in place, decisions about their health, finances and care can only be made by the family if the family applies to the Court of Protection for a Deputyship. This is a slow, expensive process: court fees alone are several hundred pounds, the process takes many months, and ongoing supervision fees apply. An LPA, by contrast, costs the registration fee, can be made in weeks, and gives the named attorneys the authority to act when needed.

An LPA only takes effect when, and to the extent that, it is needed. Making one does not change anything in daily life. It is insurance for a circumstance you hope will not arrive.

The two types of LPA (England and Wales)

Property and financial affairs LPA

This covers decisions about money and assets: managing bank accounts, paying bills, claiming benefits, selling property, dealing with pensions, handling investments and tax. It can be used with the person's consent before any capacity loss (a useful convenience for some, such as during illness or extended travel), and steps up to independent authority if capacity is lost.

Health and welfare LPA

This covers decisions about medical treatment, daily care, where to live and life-sustaining treatment. It can only be used if the person has lost capacity to make the relevant decision themselves. It allows the attorney to consent to or refuse treatment on the person's behalf, and is the route by which a family member can be involved in care decisions formally.

Most families put both LPAs in place at the same time. Different attorneys can be named for each.

Scotland and Northern Ireland

The equivalent legal instruments differ slightly:

• Scotland: Continuing Power of Attorney (for finance) and Welfare Power of Attorney (for health/welfare), under the Adults with Incapacity (Scotland) Act 2000.
• Northern Ireland: Enduring Power of Attorney covers finance; health and welfare decisions are made under the Mental Capacity Act (Northern Ireland) 2016 and supporting framework.

The principles are similar; the registration process and forms differ. The Office of the Public Guardian websites in each jurisdiction explain the steps.

Capacity to make an LPA

To make an LPA, the person must understand:

• What an LPA is and what powers it gives;
• The decision to make one and to choose specific attorneys;
• That the LPA can only be used when needed, and can be cancelled while capacity is intact.

A diagnosis of Mild Cognitive Impairment or mild dementia does not by itself prevent someone from making an LPA. The threshold is decision-specific. A solicitor or a clinician can support a capacity assessment if there is any doubt.

The certificate provider on the LPA form (a person who confirms the donor understands what they are doing) provides additional reassurance. This can be a solicitor, a GP, or a person who has known the donor for at least two years.

Who to name as attorney

Attorneys should be people you trust completely, who are willing and able to act, and who can work together if there are several. Common choices include a spouse or civil partner, an adult child, a sibling, a close friend, or a solicitor.

Decisions to make:

• How many attorneys? One simplifies decision-making; two or more spreads responsibility.
• Jointly or jointly and severally? Jointly means all must agree on every decision. Jointly and severally means any one can act alone. Jointly and severally is more practical for most families. You can specify some decisions jointly and others severally.
• Replacement attorneys. Naming a replacement protects against a primary attorney being unable to act.
• Restrictions and preferences. You can specify particular wishes (preferred care home, organ donation views, life-sustaining treatment instructions).

How to make and register an LPA

The standard process in England and Wales:

1. Use the Office of the Public Guardian online service at GOV.UK, or paper forms (LP1F for finance, LP1H for health);
2. Donor (the person making the LPA), attorneys, and the certificate provider sign in the correct order;
3. Notify "people to be told" (named on the form);
4. Send the completed form and fee to the Office of the Public Guardian;
5. The OPG registers the LPA after a four-week notice period, during which objections can be raised.

The registration fee is £82 per LPA (£164 for both), with fee reductions or exemptions for low-income applicants. Total processing time is typically 8 to 16 weeks. Once registered, the LPA is held by the donor or attorneys and produced when needed.

Solicitor or self-service?

For straightforward situations, the GOV.UK online process is workable without a solicitor. A solicitor is recommended where:

• Significant assets, business interests or trusts are involved;
• Family relationships are complex (estranged relatives, second families, expected disputes);
• Specific restrictions or instructions need careful wording;
• Capacity is uncertain and you want a formal capacity assessment alongside;
• You want certainty that the document is correctly drafted.

Solicitors for the Elderly (SFE) is the national accreditation body for solicitors specialising in older people's law.

Common pitfalls

• Waiting too long. The single commonest mistake. Once capacity is lost, only Deputyship is available.
• Naming a single elderly attorney. If your sole attorney becomes ill or dies, there is no fallback. Always name a replacement.
• Jointly only. Requiring all attorneys to agree on every decision is impractical. Jointly and severally, with reserved joint decisions for major matters, usually works better.
• Not telling the bank or pension provider. Banks and pension providers each have their own LPA registration processes. Register with each as soon as the LPA is in force.
• Not registering with the surgery. The GP practice should have a copy of the health and welfare LPA on file.

Using the LPA

The property and finance LPA can be used as soon as it is registered, with the donor's agreement, or independently if capacity is lost. The health and welfare LPA can only be used when the donor lacks capacity for the specific decision.

Attorneys must act in the donor's best interests, follow the Mental Capacity Act principles, and keep records of significant decisions. The Office of the Public Guardian supervises attorneys and investigates concerns.

Where to start today

Go to GOV.UK, search for "Make a Lasting Power of Attorney", and begin the online process. Or contact a Solicitors for the Elderly accredited solicitor for a fixed-fee LPA package, typically £150 to £500 per LPA. If you want a clinical capacity letter to accompany the application, your GP or a private memory clinic can provide one.