Lasting Power of Attorney: how to set one up in England and Wales

While you are well, you decide how to handle your money and your care. But if illness or injury means you can no longer make decisions, someone has to do it for you — legally. In England and Wales you set this up with a Lasting Power of Attorney (LPA), which gives a person you choose the right to act for you. Here are the types, the cost and how long it takes.

What are the two types?

There are two, and you can make one or both. The first is "health and welfare": it covers medical care, daily care and where you live, and can only be used once you are unable to make your own decisions. The second is "property and financial affairs": it covers bank accounts, bills, pensions and property and, with your permission, can be used as soon as it is registered.

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Who can make one?

Anyone who is "18 or over and have mental capacity" when they make it. Under GOV.UK rules you do not need to live in the UK or be a British citizen. The person you appoint to act for you is called an attorney and can be a relative, friend or professional you trust.

Why registration matters

A completed LPA must be registered with the Office of the Public Guardian (OPG), the body that keeps the register. Until it is registered it cannot be used. Registration is the third and final step of making an LPA, after you fill in the form and it is witnessed.

Cost and timing

Registration "costs £92 unless you get a reduction or exemption" (available on a low income or certain benefits). You pay per LPA, so both types together cost twice as much. The OPG says it "will take 8 to 10 weeks if there are no mistakes in the application"; any error slows it down.

Where it applies

An LPA is "legally binding only in England and Wales". Scotland and Northern Ireland have their own separate forms, and the English document does not work there directly. If your property or family are spread across the UK, plan for this in advance.

What happens if there is no LPA?

If someone loses capacity without an LPA in place, relatives cannot automatically deal with their accounts or care. They must apply to the Court of Protection, which appoints a deputy to act. That is slower, costs more and comes with ongoing reporting duties — which is exactly why it is better to set up an LPA in advance, while all is well.

Who should you appoint?

You can appoint more than one attorney, and you should state whether they act jointly (all decisions together) or jointly and severally (each can act alone). It is wise to name a replacement attorney in case your main one cannot serve. Choose people you genuinely trust with your money and health, and talk through your wishes with them in advance — an LPA grants the power to act, but you set the direction.