Making a Lasting Power of Attorney

Having control over decisions that affect your life, from your healthcare to your finances, is something we all value. But there may come a time when you’re unable to make those choices yourself, whether through illness, injury, or loss of mental capacity.

Planning ahead means your wishes can still be respected, no matter what happens. A Lasting Power of Attorney (LPA) is a legal document that lets you appoint a trusted individual (or individuals) to manage your affairs when you are unable or unwilling to do so. Being married to somebody, or being their blood relative, is not enough to give them the right to make many important decisions: you need an LPA in place.
 

Are there any requirements for making an LPA?

In order to make a Lasting Power of Attorney you’ll need to be over the age of 18; you also need to have mental capacity. You don’t need to be a British Citizen. The same criteria apply to the person (or people) you choose to act as your attorney.
 

Which type of LPA do I need?

There are two types of LPA, and they both fulfil different purposes. You can choose to make only one, however in order to be fully covered you may wish to make both.
 

Health and Welfare LPA

A Health and Welfare LPA gives your attorney the ability to make decisions about your medical and social care if you have lost your mental capacity, including:

• Your medical care
• Your diet
• Who you should have contact with
• Your social activities
• Where you live

If you want to give your attorney the ability to make decisions about life-saving treatment then this is also possible, however you will need to state it directly.
 

Property and Financial Affairs LPA

A Property and Financial Affairs LPA can be used straight away with your permission, or only if you lose mental capacity — you can decide which applies. It allows your attorney to make decisions such as:

• Buying and selling property
• Dealing with utility bills and bank accounts
• Mortgage payments
• Investments
• Equity release
• Repairs and renovations

Who should I choose to be my Lasting Power of Attorney?

Taking on the responsibilities of an attorney is a big responsibility, so it’s important that you think carefully about who you choose. In many cases people will choose their spouse or long-term partner, although this is not obligatory.

The most important thing is that you choose somebody who you trust to both follow your wishes wherever possible and to make wise decisions of their own where necessary. We recommend having an open and detailed conversation with the person before you make it official.

It is also possible to appoint multiple attorneys, different attorneys to be responsible for different things, or a replacement attorney who would take on the role if your original attorney becomes incapable.

If you don’t have anyone you wish to appoint, you may also appoint a professional attorney. Key Estate Planning have partners who provide this service, speak to one of our estate planners for more information.
 

How to get a Lasting Power of Attorney?

Making an LPA can be a lot to think about, but once you have worked out the details it can also be a big relief – and if the time comes that you need it, it can save a lot of time, worry and money.

Want to get your Lasting Power of Attorney sorted? Our Estate Planning team can help you through the process, ensuring your documents are completed correctly and without unnecessary stress.
 

Making a Lasting Power of Attorney - LPA FAQs

Can I write my own Lasting Power of Attorney?

Yes, you can complete and submit the Lasting Power of Attorney (LPA) forms yourself using GOV.UK’s online forms. However, as this is a legal document, it’s important to ensure everything is filled in correctly — getting professional advice can help avoid costly errors.
 

What does Martin Lewis say about Lasting Power of Attorney?

Martin Lewis encourages people to set up a lasting power of attorney early, he says:

"I think Power of Attorney is more important than a will, because you're alive and your money could be locked away. This is really important. If you lose your faculties, do not assume relatives can access your money, not even to pay for your care or to pay the mortgage”.

You can read his full guidance on MoneySavingExpert. Always consider speaking to a legal expert for tailored advice.
 

Can I do a Lasting Power of Attorney without a solicitor?

Yes, it's possible to set up an LPA without using a solicitor, either online or by post via gov.uk. That said, because mistakes can delay or invalidate the application, potentially leading to repeat registration fees, many people choose to seek legal support for peace of mind.
 

How much does it cost to set up a Lasting Power of Attorney in the UK?

As of now, it costs £92 to register a Lasting Power of Attorney with the Office of the Public Guardian in England and Wales according to GOV.UK. Costs can vary if you use a solicitor or need additional services, so it's a good idea to check current fees and explore your options.
 

Speak to an estate planner

Request a free, no-obligation call from one of our estate planners - they'll answer all of your questions on making a Lasting Power of Attorney and offer free expert support.

You can also request a free Wills & LPA guide here.