Understanding Lasting Powers of Attorney: A Complete Guide

Planning for the future isn't just about money or what you'll leave behind. It's about making sure the right people can step in and make decisions for you if you're no longer able to do so yourself. That's what Lasting Powers of Attorney are all about.

Here's the thing: LPAs are one of the most misunderstood legal documents in the UK. Most people think they're only for older folks or those with serious health problems. Actually, anyone over 18 should think seriously about making one. Accidents happen. Strokes can strike out of nowhere. Dementia doesn't check your age before it arrives. Without an LPA in place, your loved ones could be left fighting through legal red tape at exactly the worst possible time.

This guide will walk you through everything you need to know about Lasting Powers of Attorney in England and Wales. We'll cover the two different types, how to navigate the registration process with the Office of the Public Guardian (OPG), and why creating LPAs is honestly one of the smartest things you can do for yourself and your family.

A Lasting Power of Attorney (LPA) is a legal document that lets you (the 'donor') appoint one or more people (your 'attorneys') to make decisions on your behalf. They can step in if you lose mental capacity, or even if you simply don't want to make those decisions yourself anymore.

The whole thing is governed by the Mental Capacity Act 2005, which sets out the legal framework for making decisions on behalf of people who can't make them themselves. An LPA gives you control over who makes those decisions and how they should go about it.

Here's the crucial bit: you can only create an LPA whilst you've got mental capacity. Mental capacity means having the ability to make a specific decision at the time it needs to be made. If you lose capacity without having made an LPA, your family will have to apply to the Court of Protection for something called a deputyship order. Trust me, you don't want that. It's expensive, takes forever, and comes with far more restrictions.

An LPA puts you in the driver's seat. You choose who you trust to act in your best interests. You give them guidance on your wishes and preferences. And once it's registered with the OPG, it becomes a legally binding document that gives your attorneys the authority to act when you need them to.

In England and Wales, there are two distinct types of LPA. Each one covers different parts of your life. They're completely separate documents, so you can make one, both, or neither. Though honestly, we'd strongly recommend making both.

Property and Financial Affairs LPA

This LPA gives your attorneys the power to make decisions about your money and property. That includes:

• Managing your bank and building society accounts
• Paying bills and collecting benefits or pensions on your behalf
• Selling or renting out your home
• Managing your investments and savings
• Running a business you own
• Dealing with your tax affairs

Here's what makes this one interesting: it can be used as soon as it's registered, even if you've still got mental capacity. Lots of people register this LPA and let their attorneys start helping with financial matters straight away. Maybe they're physically unwell, struggling with mobility, or just find it convenient. You can add restrictions or guidance to say exactly when and how you want it used.

Health and Welfare LPA

This LPA gives your attorneys the power to make decisions about your health and personal welfare. This includes:

• Deciding where you should live
• Making decisions about your daily routine (like what you eat, wear, or do each day)
• Consenting to or refusing medical treatment on your behalf
• Deciding whether you should take part in social activities
• Making decisions about life-sustaining treatment (but only if you've specifically said they can)

Unlike the Property and Financial Affairs LPA, this one can only be used when you lack the mental capacity to make the relevant decision yourself. Your attorneys can't use it whilst you're still capable of making your own healthcare decisions.

The bit about life-sustaining treatment is particularly important. We're talking about any treatment a doctor thinks is necessary to keep you alive, such as CPR, artificial ventilation, or clinically assisted nutrition and hydration. You have to specifically authorise your attorneys to make decisions about refusing such treatment. It's not automatically included in the Health and Welfare LPA.

Understanding when your attorneys can actually use each type of LPA is really important for effective planning.

Property and Financial Affairs LPA: Flexible Usage

Once this one's registered with the OPG, it can be used:

• Immediately, even whilst you've got capacity, if that's what you've said you want. This is handy if you need help managing your affairs because of physical disability, illness, or simply for convenience (like if you're travelling abroad a lot).
• Only when you lack capacity, if you've specified that in the LPA. Some people prefer this restriction because they want to keep full control whilst they're able.
• Subject to specific conditions. You can add guidance or restrictions about when and how it should be used.

For example, you might say your attorneys can access certain bank accounts immediately, but they have to wait until you lack capacity before they can sell your home.

Health and Welfare LPA: Capacity-Dependent

This one can only be used when you lack the mental capacity to make the specific healthcare or welfare decision in question. That's a strict rule with no exceptions.

Mental capacity is decision-specific, which is an important point. You might lack capacity to make complex medical decisions but still be perfectly capable of deciding what to have for breakfast. Your attorneys should only step in for decisions you genuinely can't make yourself.

What "Lacking Capacity" Actually Means

Under the Mental Capacity Act 2005, a person lacks capacity if they can't:

• Understand information relevant to the decision
• Retain that information long enough to make the decision
• Use or weigh that information as part of the decision-making process
• Communicate their decision (by any means)

This gets assessed at the time the decision needs to be made, and it's specific to that particular decision. It's not a blanket judgement. Healthcare professionals or others working with you will assess capacity when needed.

Choosing your attorneys is arguably the most important decision you'll make when creating an LPA. These are the people who'll step into your shoes and make crucial decisions on your behalf.

Legal Requirements for Attorneys

To be appointed as an attorney, a person must:

• Be at least 18 years old
• Have mental capacity themselves
• Not be bankrupt or subject to a debt relief order (for Property and Financial Affairs LPAs only)
• Be willing to act as your attorney

They don't have to be UK residents or related to you, though there are practical things to think about if they live abroad.

How Many Attorneys Should You Appoint?

You can appoint:

• One attorney. Simple, but risky if they become unable to act.
• Multiple attorneys. Provides backup and shares the responsibility.
• Replacement attorneys. Backup attorneys who step in if an original attorney can no longer act.

If you appoint more than one attorney, you need to specify how they should make decisions:

• Jointly: All attorneys must agree on every decision. This provides checks and balances but can be impractical for day-to-day stuff. If one attorney becomes unable to act, the LPA can no longer be used.
• Jointly and Severally: Attorneys can make decisions together or independently. This offers flexibility but requires you to really trust that each attorney will act appropriately.
• Jointly for Some Decisions, Jointly and Severally for Others: You can specify that certain important decisions (like selling your home) must be made jointly, whilst everyday decisions can be made by any attorney.

Choosing the Right People

Think about these factors when selecting attorneys:

• Trustworthiness: This is non-negotiable. Your attorneys will have serious power over your affairs.
• Capability: Can they actually handle the responsibility? Financial LPAs need someone with a bit of financial nous.
• Availability: Will they be able to act when needed? Someone who lives abroad or travels constantly for work might struggle.
• Willingness: Have you actually talked to them about this? Being an attorney is a big responsibility.
• Age and Health: Whilst you can appoint anyone over 18, think about whether they'll outlive you and stay capable of acting.
• Relationship Dynamics: If you're appointing multiple attorneys, will they actually work well together?

Many people appoint their spouse or partner as their first attorney, with adult children as replacements. Others go for siblings, trusted friends, or professional attorneys (like solicitors). There's no single right answer. It depends on your circumstances and relationships.

Every LPA needs a certificate provider to sign it before it can be registered. This is a crucial safeguard built into the process to protect against fraud and people being pressured into things they don't want.

What Does a Certificate Provider Actually Do?

The certificate provider's job is to certify that:

• You understand what the LPA is for and what it covers
• You're creating it of your own free will, without anyone pressuring you
• There's no fraud going on
• There's nothing else that would stop the LPA from being created

They do this by having a conversation with you, separately from your attorneys. This chat should cover what the LPA means, what powers you're giving away, and whether you're genuinely comfortable with your choices.

Who Can Be a Certificate Provider?

A certificate provider must:

• Have known you personally for at least two years, OR
• Have relevant professional skills (like a GP, solicitor, or social worker)

They must also:

• Be at least 18 years old
• Have mental capacity
• Not be an attorney or replacement attorney on the same LPA
• Not be a family member (this is defined quite broadly to include relatives by blood or marriage)

Why This Matters

The certificate provider acts as an independent check on the whole process. They're confirming that you're creating the LPA with full understanding and without being pressured by the people you're appointing.

This is particularly important because, sadly, financial abuse of vulnerable adults isn't uncommon. The certificate provider requirement helps make sure LPAs are genuine expressions of your wishes, not documents created through manipulation or coercion.

Common certificate providers include:

• Long-standing friends (if you've known them for 2+ years)
• Your GP or another doctor
• A solicitor (who doesn't need to have known you for two years)
• A social worker
• A member of the clergy who knows you well

You can't use the same certificate provider for both LPAs if the attorneys are different, though you can if the attorneys are the same people.

When you're creating an LPA, you can name "people to notify" who'll be told when you apply to register it. This is another safeguard to protect against fraud or inappropriate use.

What Are People to Notify?

People to notify are individuals you choose who'll get a notification when an application to register your LPA is submitted to the OPG. They then have a limited time to raise objections if they've got concerns about the LPA.

Why Include People to Notify?

Naming people to notify gives you an extra layer of protection. If your LPA is being registered and you're unaware of it (perhaps because you lack capacity), these individuals will be alerted and can raise concerns if something seems dodgy.

For example, if you created an LPA years ago and relationships have changed since then, or if there are concerns about financial abuse, a person to notify could object to the registration.

Who Can Be a Person to Notify?

Anyone can be named as a person to notify, except:

• Your attorneys or replacement attorneys
• The certificate provider
• Your spouse or partner (if they're not an attorney)

You can name up to five people to notify on each LPA, though it's optional. You don't have to name anyone if you don't want to.

Who Should You Choose?

Think about naming people who:

• Care about your welfare
• Would notice if something wasn't right
• Are likely to be around and contactable when the LPA might be registered
• Aren't already appointed as attorneys

Many people choose adult children (if they're not already attorneys), siblings, close friends, or other trusted individuals.

What Happens When They're Notified?

When you apply to register the LPA, the OPG will send a notification to each person you've named. They then have three weeks to object if they've got concerns, such as:

• You lacked capacity when making the LPA
• You were pressured into creating it
• The attorney is unsuitable (for example, they're bankrupt for a Property and Financial Affairs LPA)
• Fraud or undue pressure was involved

If no objections are raised, or if any objections are sorted out, the LPA goes ahead to registration.

An LPA has to be registered with the Office of the Public Guardian before it can be used. Understanding this process helps you plan ahead and avoid delays when you actually need the LPA.

When Should You Register?

You can register your LPA:

• Immediately after it's been completed and signed. This is generally what we'd recommend.
• Later, when you or your attorneys feel it's needed.

We strongly recommend registering both LPAs as soon as they're complete. Here's why:

• Registration takes time. Currently 8-12 weeks, sometimes longer. If you wait until capacity is lost, there's a delay before attorneys can act.
• You might not be able to register it later. Registration needs your signature (or the signature of an attorney or someone else on your behalf). If you lack capacity and haven't authorised anyone to register it, this creates complications.
• Property and Financial Affairs LPAs can be used immediately. Once registered, attorneys can help even if you've still got capacity (if you've allowed this).
• Peace of mind. Knowing it's registered and ready to use when needed is reassuring for everyone.

How to Register

The registration process involves:

• Complete the LPA forms correctly, with all required signatures in the right order (you, certificate provider, attorneys).
• Complete the registration application forms. These tell the OPG you want to register the LPA.
• Notify people to notify (if you've named any). You have to send them notification before applying to register.
• Submit to the OPG with the registration fee (£92 per LPA as of 2024).
• Wait for the OPG to process it. They'll check the forms are completed correctly and there are no objections.
• Receive the registered LPA. Once registered, the OPG returns the LPA with an official stamp. This is the document your attorneys will use.

Registration Fees

The OPG charges £92 per LPA to register. This means:

• Property and Financial Affairs LPA: £92
• Health and Welfare LPA: £92
• Both LPAs: £184 total

Fee exemptions are available if you receive certain means-tested benefits. Fee remissions (50% reduction) are available if your gross annual income is less than £12,000.

What If There Are Mistakes?

If the OPG finds errors on your forms, they'll send them back for correction. Common issues include:

• Signatures in the wrong order or missing
• Sections not completed properly
• Inconsistencies in the document

This delays registration, which is why using a professional service or being really careful with the forms is worth it.

Using Your Registered LPA

Once it's registered, attorneys need to show the registered LPA document when making decisions or transactions. Banks, healthcare providers, and other organisations will want to see the official OPG stamp to check it's genuine and registered.

The OPG also provides a free online "Use an LPA" service. This lets attorneys generate access codes that third parties can use to verify the LPA and see a summary of what's in it without needing to see the full document.

Understanding the full costs of creating and registering LPAs helps you budget properly.

Official OPG Registration Fees

• £92 per LPA (as of 2024)
• Both LPAs together: £184

These fees are set by the government and go directly to the OPG to cover the costs of processing and maintaining the register.

Fee Reductions and Exemptions

You might be eligible for a fee reduction or exemption:

Fee Exemption (no fee) if you receive: - Income-based Jobseeker's Allowance - Income-related Employment and Support Allowance - Pension Credit (Guarantee Credit) - Income Support - Universal Credit (and meet the criteria)

50% Fee Remission (£41 per LPA) if: - Your gross annual income is less than £12,000 - You don't receive any of the benefits listed above

You'll need to submit evidence with your application to claim exemptions or remissions.

Professional Fees (If Using a Solicitor or LPA Service)

If you use a professional service to help create your LPAs, costs vary:

• DIY (using OPG forms): Just the £92 registration fee per LPA
• Online LPA services: Typically £100-£200 per LPA plus the OPG fee
• Solicitors: £200-£500+ per LPA plus the OPG fee, depending on complexity and location

At Keystone Estate Planning, we offer comprehensive LPA services that include: - Guidance on choosing attorneys and structuring your LPAs - Professional drafting to make sure everything's completed correctly - Certificate provider services (if needed) - Assistance with registration

Ongoing Costs

Once registered, there are no annual fees or renewal requirements. Your LPA stays valid until: - You revoke it (whilst you have capacity) - You die - The Court of Protection revokes it (in rare circumstances, such as attorney misconduct)

The Cost of NOT Having an LPA

Think about the alternative. If you lose capacity without an LPA, your family has to apply to the Court of Protection for a deputyship. This involves:

• Application fee: £371
• Assessment fee: £385
• Annual supervision fee: £35-£320 per year
• Solicitor's fees: Often £2,000-£5,000+
• Ongoing restrictions and court oversight

Compared to deputyship, the cost of creating LPAs is modest. And the benefits, in terms of control, flexibility, and peace of mind, are huge.

LPAs are often misunderstood. Let's clear up some common myths:

Misconception 1: "LPAs are only for elderly people"

Reality: Anyone aged 18 or over should think about an LPA. Accidents, sudden illness, or conditions like early-onset dementia can affect people at any age. A 30-year-old in a serious car accident might need their LPA just as much as an 80-year-old.

Misconception 2: "My spouse can automatically make decisions for me"

Reality: Your spouse or partner has no automatic legal authority to access your bank accounts, sell your property, or make healthcare decisions on your behalf if you lack capacity. Without an LPA, they'll need to apply for deputyship. It's costly and time-consuming.

Misconception 3: "Creating an LPA means giving up control immediately"

Reality: You stay in full control whilst you have capacity. A Property and Financial Affairs LPA only gives attorneys the power you've specified, and you can revoke it any time. A Health and Welfare LPA can only be used when you lack capacity to make the specific decision yourself.

Misconception 4: "An LPA is the same as a Will"

Reality: These are completely different documents. An LPA works during your lifetime and becomes invalid when you die. A Will only kicks in after your death. You need both for proper planning.

Misconception 5: "I created an Enduring Power of Attorney years ago, so I'm covered"

Reality: Enduring Powers of Attorney (EPAs) were replaced by LPAs in 2007. If you created an EPA before October 2007 and it's registered, it stays valid but only covers property and financial affairs. You should still create a Health and Welfare LPA, and think about updating your financial LPA to take advantage of new provisions.

Misconception 6: "My attorneys can do whatever they want"

Reality: Attorneys must follow strict legal principles. They must: - Act in your best interests - Follow the Mental Capacity Act principles - Consider your wishes and feelings - Consult with relevant people - Keep your money and property separate from their own - Keep records of decisions made - Not take advantage of their position

The OPG has powers to investigate concerns about attorney conduct, and attorneys can be removed if they breach their duties.

Misconception 7: "Registering is optional"

Reality: An unregistered LPA can't be used. It has to be registered with the OPG before attorneys have legal authority to act.

Misconception 8: "I can't afford to create LPAs"

Reality: With registration fees of £92 per LPA and fee exemptions available for those on low incomes or certain benefits, LPAs are accessible to most people. Compare this to the thousands of pounds a deputyship application costs. LPAs represent excellent value.

Creating Lasting Powers of Attorney is one of the most important steps you can take to protect yourself and your loved ones. Here's why:

1. You Control Who Makes Decisions

Without an LPA, you have no say in who'll make decisions for you if you lose capacity. The Court of Protection will appoint someone (a deputy), and this might not be the person you'd have chosen. With an LPA, you decide exactly who you trust to act on your behalf.

2. You Avoid Court of Protection Proceedings

Deputyship applications to the Court of Protection are: - Expensive (typically £3,000-£5,000+ in total costs) - Time-consuming (often 6-12 months) - Restrictive (deputies have less flexibility than attorneys) - Subject to ongoing court supervision (annual fees and reporting requirements)

An LPA registered in advance avoids all of this.

3. You Protect Your Family During Difficult Times

If you lose capacity unexpectedly (through an accident, stroke, or sudden illness), your family will already be dealing with emotional trauma. Without an LPA, they face additional stress trying to access your accounts to pay bills, make healthcare decisions on your behalf, or manage your property. An LPA removes these obstacles when support is most needed.

4. You Can Receive Help Even If You Still Have Capacity

A Property and Financial Affairs LPA can be used immediately upon registration (if you've said that's what you want). This is brilliant if you develop a physical disability, have mobility issues, or simply want help managing your affairs whilst you're still mentally capable. It's a flexible tool that grows with your needs.

5. You Make Sure Your Healthcare Wishes Are Respected

A Health and Welfare LPA lets you appoint someone who understands your values and preferences to make healthcare decisions if you can't. This is particularly important for decisions about where you live, what treatments you receive, and even life-sustaining treatment. Without it, healthcare professionals must make these decisions, consulting your family but not bound by your wishes.

6. You Create Peace of Mind for Everyone

Knowing you've made these arrangements brings peace of mind to you and your family. You've taken responsibility for your future care, removed ambiguity, and made sure that if the worst happens, there's a clear plan in place.

7. You Can't Create an LPA After You've Lost Capacity

This is perhaps the most crucial point. An LPA can only be created whilst you have mental capacity. Once capacity is lost, it's too late. You can't create an LPA retrospectively. This makes advance planning absolutely essential.

The Difference Between Planning and Not Planning

Let me give you two scenarios:

Scenario A (No LPA): Margaret, 72, has a severe stroke that affects her thinking. She never created an LPA. Her daughter Sarah wants to help manage Margaret's finances and make decisions about her care, but she's got no legal authority. Sarah has to apply to the Court of Protection for deputyship. This costs £4,000 in legal and court fees, takes 9 months to complete, and needs annual reporting to the court. During this time, Margaret's bills go unpaid, her savings account stays frozen, and important healthcare decisions get delayed.

Scenario B (With LPAs): Margaret created Property and Financial Affairs and Health and Welfare LPAs five years ago, appointing Sarah as her attorney. When Margaret has her stroke, Sarah's already got the registered LPAs. She immediately contacts Margaret's bank and pension provider with copies of the Property and Financial Affairs LPA, making sure bills get paid and finances are managed. She works with healthcare professionals using the Health and Welfare LPA to make decisions about Margaret's care and living arrangements, always thinking about Margaret's previously expressed wishes. The legal authority is already there, letting Sarah focus on supporting her mother rather than battling through legal processes.

When Should You Create LPAs?

The ideal time is now, whilst you've got full capacity and can make thoughtful decisions about your attorneys and preferences. Don't wait until you're elderly or unwell. Create your LPAs whilst you're healthy and capable.

Key moments to think about creating or reviewing your LPAs:

• When you turn 18 and become legally able to create them
• When you get married or enter a civil partnership
• When you have children
• When you buy property
• When you're diagnosed with a condition that might affect your capacity in the future
• When you reach retirement
• When you update your Will

Creating LPAs is an act of responsibility and care, for yourself and for those you love. It's planning at its most practical and most compassionate.

Lasting Powers of Attorney are among the most important legal documents you'll ever create, yet they're still underused in the UK. Too many families face the stress, expense, and delays of Court of Protection proceedings because LPAs weren't created in time.

The facts are straightforward:

• An LPA can only be created whilst you have mental capacity
• Both types of LPA serve distinct and essential purposes
• Registration takes time, so planning ahead is crucial
• The cost of creating LPAs is modest compared to the alternative
• Everyone aged 18 and over should seriously think about creating them

Creating your LPAs isn't a morbid exercise or an admission of decline. It's a practical, forward-thinking decision that protects you, empowers those you trust, and gives security to everyone involved.

At Keystone Estate Planning, we're committed to making the LPA process as straightforward and stress-free as possible. Our experienced team can guide you through every step, from choosing the right attorneys to making sure your LPAs are correctly completed and registered.

Don't wait until it's too late. Take control of your future today by creating Lasting Powers of Attorney. Your future self, and your loved ones, will thank you for it.

Ready to create your LPAs? Contact Keystone Estate Planning to speak with one of our specialists, or begin your LPA journey online through our secure platform. We're here to help you protect what matters most.