Lasting power of attorney basics
What is a lasting power of attorney and why do you need one?
A lasting power of attorney (LPA) is a legal document that lets you choose people you trust to make decisions for you if you become unable to make them yourself, for example after a stroke or with dementia.
Your husband, wife or children cannot step in automatically. Banks, care homes and doctors will only deal with someone who has legal authority. The same applies if you are reading this for an ageing parent.
What happens without one
Your family must apply to a specialist court, the Court of Protection. It takes months, costs far more than an LPA, and the court decides who acts for you.
- Accounts in your name alone can be frozen.
- Your family may not be able to sell your home to pay for care.
- Your wishes about treatment and care may not be heard.
The two types of lasting power of attorney
There are two types of LPA, and most people make both. Each must be registered with the Office of the Public Guardian before it can be used.
1. Property and financial affairs LPA
Covers your money and property: paying bills, managing bank accounts, collecting pensions and benefits, and selling your home if needed. You can let your attorneys use it as soon as it is registered, which helps if you are in hospital, or only once you can no longer decide for yourself.
2. Health and welfare LPA
Covers your daily care, medical treatment, where you live and moving into a care home. You can choose whether your attorneys may decide on treatment that keeps you alive. It can only be used once you can no longer make these decisions yourself.
Choosing your attorneys
Your attorneys will have real power over your life, so choosing the right people is the most important decision you will make.
Who can be an attorney
Anyone aged 18 or over who can make their own decisions, such as a partner, adult child, friend or solicitor. Choose people who know you well and will respect your wishes.
How your attorneys make decisions
- Together or separately ("jointly and severally") – they can act alone or together. This is the most flexible and most popular option.
- Always together ("jointly") – they must agree on everything. If one can no longer act, the LPA may stop working.
- A mix of both – together for big decisions, such as selling your home, and separately for everything else.
Backups and your wishes
Name at least one replacement in case an attorney cannot act. You can also add preferences (wishes to consider) and instructions (rules to follow).
Common LPA mistakes and when to get help
A rejected LPA means starting again, paying again and waiting again. Getting it right first time saves stress for you and your family.
Mistakes to avoid
- Leaving it too late, so your family has to go to court.
- Missing signatures or dates, which get the LPA sent back.
- Unworkable instructions, which can get it rejected.
- No replacement attorney, so the LPA can stop working.
- Only making one type, leaving your care or your money uncovered.
When to get professional advice
- You own a business, rental property or complex investments.
- You are worried about family disagreements.
- You or a loved one are starting to struggle with decisions.
How PJH Estate Planning can help
PJH Estate Planning can help you choose your attorneys, complete both types of LPA and get them signed and registered correctly, so they are ready if they are ever needed. Find out what you could face in your current situation with our free Estate Health Check: 10 quick questions that show any gaps in your plans. You can visit our offices, or we can visit you at home.
Sources
- GOV.UK: Lasting power of attorney
- GOV.UK: Make a lasting power of attorney
- GOV.UK: Register a lasting power of attorney
General information for England and Wales as at September 2026. Not legal advice.