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Understanding power of attorney — types, costs and how to set one up — Articles

A lasting power of attorney (LPA) is a legal document that gives someone you trust the authority to make decisions on your behalf if you are unable to do so yourself. Making an LPA is one of the most important — and most neglected — legal steps an adult can take. Yet most people only think about it after a family member suffers a stroke, develops dementia, or is involved in a serious accident. At that point, it may be too late. This article explains the two types of LPA, how they work, what they cost, and how to set them up. For the formal legal definition, see the power of attorney glossary entry.

The two types of lasting power of attorney

Under the Mental Capacity Act 2005, there are two types of LPA, and you need separate documents for each:

1. Property and Financial Affairs LPA: This covers decisions about your money, property, and finances — managing bank accounts; paying bills; collecting pensions and benefits; selling a property; and making investments. Crucially, unless you restrict the LPA, your attorney can use it while you still have full capacity (with your agreement) as well as when you have lost it. This can be very useful if, for example, you are abroad, in hospital, or simply want someone to manage your affairs day-to-day. 2. Health and Welfare LPA: This covers decisions about your personal welfare — where you live; what medical treatment you receive or refuse; your day-to-day care needs; and life-sustaining treatment (if you expressly authorise your attorney to make these decisions). A health and welfare LPA can only be used when you have lost capacity to make those specific decisions yourself. It cannot be used by the attorney to override your clearly expressed wishes while you have capacity.

Who should you appoint as your attorney?

Your attorney must be aged 18 or over. For a property and financial affairs LPA, your attorney cannot be bankrupt (this would automatically revoke that LPA). You can appoint: one sole attorney; multiple attorneys to act jointly (all must agree on every decision); multiple attorneys to act jointly and severally (each can act independently); or a combination. Joint attorneys provide a check on each other but can be slow or unworkable if there is disagreement. Sole attorneys or jointly and severally appointed attorneys are more practical for day-to-day management. Consider appointing a replacement attorney in case your first choice is unable to act. Your attorney owes you fiduciary duties — they must act in your best interests, not their own. If an attorney misuses their powers, they can be investigated and removed by the Office of the Public Guardian. See the fiduciary duty entry.

The formal requirements: certificate provider and witnesses

An LPA form has a mandatory "certificate provider" section. The certificate provider is an independent person (not a family member) who confirms that you understand what you are signing and are not being pressured into it. The certificate provider must be either: a person who has known you personally for at least two years; or a professional such as a solicitor, doctor, or social worker. This is an important safeguard against abuse or undue influence. The LPA must also be signed by you, by the certificate provider, and by your attorney(s), all in a specified order set out in the form itself. Getting the order of signatures wrong means the LPA cannot be registered. Download the forms from GOV.UK and follow the instructions precisely.

Registration and costs

An LPA only takes effect once it has been registered with the Office of the Public Guardian (OPG). Registration takes approximately 20 weeks (as of late 2026) and costs £82 per LPA. If you make both types, the total registration fee is £164. People on certain means-tested benefits, or with an income below £12,000 per year, may be eligible for a 50% fee reduction. You can complete and submit the LPA forms yourself online via the OPG's digital service (expected to be fully operational in 2025). Many people use a solicitor (typically £300–£600 for both LPAs) or a specialist LPA service. If you have complex finances, a contentious family situation, or specific medical or care planning needs, a solicitor is strongly advisable. If you do not make an LPA and you lose capacity, the alternative is a Court of Protection deputyship — a court-supervised appointment that can take 12–18 months and costs several thousand pounds. See the child arrangements guide and the power of attorney glossary entry for further detail on the legal framework.

This article is for general information only and is not legal advice. Always check the official source and consult a qualified lawyer for your situation.

The two types of lasting power of attorney

Who should you appoint as your attorney?

The formal requirements: certificate provider and witnesses

Registration and costs

Questions about this article