Lasting Power of Attorney in the UK: What It Is, Why You Need One Now, and What Happens If You Leave It Too Late

Q: 1. Can I make an LPA online right now?

Not fully. The OPG has a digital interface for some parts of the process, but you still need to print, sign, and post the forms. A completely digital system is being developed and is expected to roll out during 2026. For now, use the paper system or hire a solicitor.

The Critical Risk No One Talks About

Imagine this: your spouse suffers a sudden stroke. They're in hospital, conscious but unable to communicate clearly. The mortgage payment is due. The bills are piling up. You need to access the joint bank account to pay the care home fees.

Here's the problem: even though you are married, you have no legal right to access that account, pay those bills, or make decisions about their medical treatment—unless they have a Lasting Power of Attorney in place.

Without an LPA, the bank will refuse you access. Medical staff will not consult you on treatment decisions. You will be powerless, despite being the person closest to them. And if you want to act on their behalf, you'll need to go to the Court of Protection—a slow, expensive, and emotionally gruelling process that can take months and cost thousands of pounds.

This is not a theoretical risk. It happens every week in the UK. And it is entirely preventable.

A Lasting Power of Attorney (LPA) is the single most important document most people never make. For anyone over 45 with dependents, elderly parents, or significant assets, it is not optional.

This guide explains what an LPA is, who needs one, how to create one, and most critically—what happens if you don't.

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you (the "donor") to appoint one or more trusted people (your "attorneys") to make decisions on your behalf if you lose the mental capacity to make those decisions yourself. [1]

The key word is capacity. An LPA only comes into effect if you lack capacity—that is, if you cannot understand the decision being made, retain the information, weigh it, and communicate your choice. [2] This is defined by the Mental Capacity Act 2005, which governs all decision-making for people without capacity in England and Wales.

An LPA is not the same as a Power of Attorney. A Power of Attorney ends if you lose capacity; an LPA continues and is specifically designed to protect you when you cannot protect yourself.

There are two types of LPA, and you should consider making both.

1. Property and Financial Affairs LPA

What it covers: This LPA gives your attorneys authority to manage your finances and property on your behalf. This includes:

Access to bank accounts and building society accounts
Paying bills and managing household expenses
Selling or mortgaging property
Managing investments and pensions
Claiming and managing benefits
Dealing with tax affairs
Managing business interests

When it can be used: This is the critical difference from a Health and Welfare LPA. A Property and Financial Affairs LPA can be used while you still have capacity, but only if you give permission. Many people grant immediate use to a trusted family member, so bills can be paid and the household can run smoothly even while they are alive and well. Others restrict it to come into effect only when capacity is lost.

Who can act: You can appoint one or more attorneys. If you appoint multiple attorneys, you can specify whether they must act "jointly" (all must agree) or "jointly and severally" (each can act alone). [1]

Registration fee: £92 per LPA as of 17 November 2025. Some people qualify for a reduced fee (50% off if annual income is below £12,000) or exemption (if receiving means-tested benefits). [3]

2. Health and Welfare LPA

What it covers: This LPA gives your attorneys authority to make decisions about your medical treatment and welfare, including:

Consent to or refusal of medical treatments
Where you receive care (home, hospital, care home)
Social care provision
Life-sustaining treatment decisions (if you explicitly opt in)

When it can be used: This is the crucial restriction: A Health and Welfare LPA can only be used when you lack capacity to make the specific decision in question. Your attorney cannot use it while you are still able to decide for yourself, even if you ask them to. [1] This protects you from coercion or undue influence.

The life-sustaining treatment option: By default, your attorneys cannot make decisions about life-sustaining treatment (artificial feeding, ventilation, CPR). If you want them to have this power, you must explicitly tick "Yes" to Option A when you create your LPA. This is a deliberate safeguard. [4]

Example: If you are in a coma with no chance of recovery and on life support, and you have not given your attorney this authority, the medical team will decide whether to continue treatment, not your family member. If you have explicitly granted this power, your attorney can make that decision based on your known wishes and best interests.

The Comparison That Should Terrify You: LPA vs. Court of Protection Deputyship

If you do not have an LPA, the only way for someone to act on your behalf is through the Court of Protection. The court will appoint a "deputy" to make decisions for you. Let's compare the two:

Aspect	LPA	Court of Protection Deputy
Initial cost	£92–£184 (both LPAs)	£408 application fee + legal costs (typically £1,500–£3,000)
Annual ongoing cost	None	£35–£160+ annual supervision fee
Total first-year cost	£92–£184	£2,000–£3,500+
Time to obtain authority	8–16 weeks to register [1]	3–6 months minimum; can be up to 12 months [5]
Who decides who acts?	You, in advance, choose someone you trust	The court appoints a stranger or a council deputy
Flexibility	You set the scope and limits	The court sets strict conditions; you have no say
Privacy	Private document between you and your attorney	Court proceedings; part of the public record
Ongoing supervision	Minimal; OPG receives reports annually	The court and OPG continuously supervise; costs mount
Your attorney's choice	Your trusted family member, friend, or professional	Possibly a local council (if no family willing) or a professional deputy who may not know you

The hidden cost of delay: If you delay making an LPA and then lose capacity suddenly (stroke, accident, dementia diagnosis), your family has no choice but to apply to the Court of Protection. They cannot simply take over. And while that application is being processed—weeks or months—who pays the mortgage? Who manages your medical care? Who can access your bank account? Your family will be in limbo, powerless and stressed.

This is not rare. Thousands of people in the UK go to the Court of Protection every year because they or their family did not make an LPA in time.

Who Should Have an LPA?

The straightforward answer is: almost everyone over 45.

More specifically:

Anyone with significant assets (property, savings, investments, a business)
Anyone with dependents (children, disabled relatives)
Anyone who wants their family to know their medical wishes
Anyone who would not want a stranger making financial and health decisions for them
Anyone with elderly parents or relatives without their own LPA (you may need to help them create one)

You do not need to be rich or old or ill. Capacity can be lost at any age—through stroke, accident, infection, mental illness, or slow-onset dementia. The younger you are when you make an LPA, the greater the peace of mind.

Special urgency if:

You are over 65 and have not made an LPA yet
Your parents are over 70 and do not have one
You have been diagnosed with early-stage dementia or cognitive decline (dementia diagnosis does not automatically mean you lack capacity, but the window is closing; make an LPA immediately)
You have a medical condition that could affect your capacity in future

Who Should Be Your Attorney? Choosing Wisely

Your attorney is the person (or people) who will make critical decisions for you if you cannot. Choose carefully.

Who makes a good attorney:

Someone you trust absolutely
Someone who knows your values, wishes, and preferences
Someone with sound judgment and calm under pressure
Someone willing and able to do the job (it takes time and responsibility)
Someone who will act in your best interests, not their own
Someone geographically accessible if possible

Who should not be your attorney:

Someone financially unstable or with a history of dishonesty
Someone with conflicting interests (e.g., a creditor, someone who stands to inherit from you)
Someone who cannot spare the time or emotional energy
Someone you've chosen solely because they're a family member, if you don't trust them

Appointing multiple attorneys: Many people appoint two or three attorneys—for example, a spouse and an adult child, or two children. The law allows you to specify how they work together:

Jointly: Both must agree on every decision. This is safer but slower. Disagreements can deadlock.
Jointly and severally: Each can make decisions independently. This is faster but riskier if one attorney acts against your interests.
Hybrid: Some decisions must be made jointly; others each can decide alone.

[1]

The certificate provider: When you create an LPA, an independent person (the "certificate provider") must confirm that:

You understand what you're doing
You're not under pressure from anyone else
You have the mental capacity to make the LPA

This can be a GP, social worker, solicitor, or other qualified person. This safeguard prevents fraud and coercion.

Replacement Attorneys

Always appoint a replacement attorney. If your first-choice attorney dies, becomes incapable, or resigns, you want a backup. Without one, if your primary attorney cannot act, you're back to the Court of Protection process.

Many people appoint a sequence: primary attorney, first replacement, second replacement. This ensures someone can always act for you.

What Your Attorney Can and Cannot Do

Your attorney can:

Access and manage your bank accounts
Pay your bills and care fees
Sell your property
Refuse medical treatment on your behalf (if you've granted the power)
Apply for benefits
Manage your investments and pension

Your attorney cannot:

Make a will for you (even if you lack capacity)
Marry or divorce you
Adopt children on your behalf
Waive your right to a court hearing
Destroy your will or advance decision without court approval
Act against your known wishes (they must follow your instructions or best interests)

Supervision: The Office of the Public Guardian (OPG) registers all LPAs and can investigate complaints about attorneys who abuse their power. If an attorney is found to be acting dishonestly or against your interests, they can be removed. [1]

The Registration Process: You Cannot Use an LPA Until It's Registered

Creating an LPA is not the same as registering it. Here's how it works:

Create the LPA: You complete the official form (provided by the OPG). [1] You can download it from gov.uk or use a solicitor.
Certificate provider: An independent person confirms you have capacity and understand what you're doing.
Notify your attorneys: Your attorneys must be informed and consent. They cannot be your attorney if you don't tell them.
Submit to OPG: You send the completed form and fee (£92 per LPA) to the Office of the Public Guardian.
Processing: The OPG will process your application. This takes 8–10 weeks if there are no errors, but can take up to 16 weeks. [1] Errors—missing signatures, incomplete information, illegible handwriting—will delay you further.
Registration certificate: Once processed, you receive a registration certificate. Your LPA has no legal effect until this certificate arrives.

This is why speed matters. If you wait until a health crisis is looming, you may not have time to complete registration before you lose capacity.

Current fees (as of 17 November 2025): [3]

£92 per LPA
£184 total for both a Property/Financial Affairs LPA and a Health and Welfare LPA
Free or 50% reduction if you qualify (based on means-tested benefits or low income)

When to Update or Revoke Your LPA

You should review your LPA:

Every 3–5 years, or earlier if circumstances change
If your attorneys change jobs or move abroad
If relationships break down (e.g., divorce)
If your wishes about medical treatment change
If your attorney dies or becomes incapable

Your LPA is invalid if:

You get married or enter a civil partnership after making it (it continues, but any attorney who is your spouse is removed) [1]
You divorce or dissolve your civil partnership (your former spouse is automatically removed as attorney)
You formally revoke it
You regain full capacity (though capacity is not all-or-nothing; you might have capacity for some decisions but not others)

How to update: You cannot amend an existing LPA. You must create a new one. The old one becomes invalid once the new one is registered.

How to revoke: If you regain capacity or change your mind, you can revoke your LPA at any time while you have capacity. Notify the OPG and your attorneys in writing.

The Dementia Question: The Critical Window

Dementia is the scenario many people fear. Here are the hard truths:

A dementia diagnosis does not automatically mean you lack capacity. Capacity is decision-specific. Someone with early-stage dementia may still understand complex financial decisions. But dementia is progressive, and your window for making an LPA is closing.

You must have capacity to make an LPA. Once a doctor has established you lack capacity—even if it's reversible—you cannot make an LPA. You would need a deputyship from the Court of Protection instead.

The risk: If you wait until you notice early symptoms of memory loss or confusion, you may be too late. By the time a diagnosis is confirmed, capacity may already be gone.

Best practice: If dementia runs in your family, or if you're over 70 and haven't made an LPA, make one now. It's far better to have one you don't need than to need one you don't have.

The LPA Reform: The Lasting Powers of Attorney Act 2023 and Digital Future

In September 2023, Parliament passed the Lasting Powers of Attorney Act 2023. This is the most significant reform to the LPA system in 20 years. [6]

What's changing:

Digital LPAs: You will soon be able to create and register an LPA entirely online, without paper. The new digital system is being developed by the OPG and is expected to reduce processing time, catch errors early, and make the whole process simpler.
Identity verification: The digital system will require you to verify your identity online, reducing fraud and forgery.
Donor-led registration: Currently, attorneys can apply to register an LPA. Under the new rules, only the donor can apply. This prevents coercion.
Improved safeguards: The system is being designed with enhanced checks and automatic validation.

Timeline: The OPG is still developing the digital system. A fully online process is not yet available, though it is expected within 2026. For now, the paper-based system remains (and is unlikely to disappear entirely, for accessibility).

Bottom line: The reform is good news—it will make LPAs easier and safer. But it is not yet here. If you need an LPA now, use the current paper system. Don't wait for digital; make one today.

Frequently Asked Questions

1. Can I make an LPA online right now?

Not fully. The OPG has a digital interface for some parts of the process, but you still need to print, sign, and post the forms. A completely digital system is being developed and is expected to roll out during 2026. For now, use the paper system or hire a solicitor.

2. How much does it cost to make an LPA?

If you use the OPG forms and do it yourself: £92–£184 (registration fee). If you hire a solicitor: £400–£800 or more, depending on complexity. Most people can do it themselves using the free OPG forms and guidance. A solicitor is useful if you have unusual wishes or complex assets.

3. Can my spouse be my attorney?

Yes, absolutely. Many people appoint their spouse as their primary attorney. Just remember: if you divorce, your spouse is automatically removed as attorney. That's why appointing a backup (e.g., an adult child) is important.

4. What if my attorney spends my money selfishly?

You can complain to the OPG, which can investigate and remove your attorney if they've acted dishonestly. You can also bring a claim in court. But the best protection is choosing someone you trust. Legal safeguards exist, but they are reactive, not preventive.

5. If I make an LPA, do my attorneys automatically get my money?

No. Your attorneys have authority over your finances only when you lack capacity. While you're of sound mind, you control everything. Your attorneys must act in your best interests and in line with your known wishes. They cannot simply take your money.

6. Do I need a solicitor to make an LPA?

No. You can download the forms from gov.uk and create one yourself. The Office of the Public Guardian provides free guidance. A solicitor can help if you want professional advice or have complex circumstances, but it's not required.

7. What happens if I lose capacity before I make an LPA?

Your family will have to apply to the Court of Protection for a deputyship. This is expensive (£1,500–£3,500+ in total first-year costs), slow (3–12 months), and you lose control over who acts for you. A stranger or council deputy may be appointed.

8. Can I name my children as joint attorneys?

Yes. You can appoint them jointly (both must agree on every decision) or jointly and severally (each can act independently). Jointly and severally is faster; jointly is safer but slower. Many families choose a hybrid—financial decisions are jointly and severally, major life decisions are joint.

9. Is an LPA the same as a will?

No. A will says what happens to your property after you die. An LPA says what happens to your decisions if you lose capacity while alive. You need both.

10. If I make an LPA, can I still change my mind?

Yes. While you have capacity, you can revoke (cancel) your LPA at any time. Notify the OPG in writing and inform your attorneys. A new LPA then has no effect.

The Bottom Line: Why Delay Is the Real Risk

The case for acting now:

An LPA costs £92–£184 and takes 8–16 weeks to register. It requires one afternoon to complete the forms. The peace of mind is priceless.

Failing to make an LPA and then losing capacity means:

Your family has no legal authority to act for you
You must go to the Court of Protection (cost: £2,000–£3,500+; time: 3–12 months)
A stranger or council deputy will make critical decisions about your money and medical care
Your family will be powerless and distressed at the moment you need them most

The numbers speak clearly:

Hundreds of thousands of people in the UK have made an LPA
Tens of thousands go to the Court of Protection every year because they didn't
This is entirely preventable

You cannot predict when you will lose capacity. You can predict that if you wait, and something happens, your family will suffer.

Make your LPA now. Not tomorrow. Not when you're older. Now.

Important Disclaimer

This article is for information only and does not constitute legal advice. The law affecting Lasting Powers of Attorney is complex and individual circumstances vary. If you have questions about whether an LPA is right for you, or how to structure it for your specific situation, please consult a qualified solicitor or the Office of the Public Guardian.

The information in this article reflects the law as of 28 April 2026. Fees, timescales, and regulations may change. Check gov.uk for the most current information before applying.