A Lasting Power of Attorney is a legal document in the UK that allows an individual (the “donor”) to appoint one or more people (the “attorneys”) to make decisions on their behalf if they lose mental capacity or no longer wish to make decisions themselves. LPAs are governed by the Mental Capacity Act 2005 and offer significant legal protection and clarity for individuals and families alike.
Who Needs to Create a Lasting Power of Attorney?
Lasting power of attorney UK is not just for the elderly or seriously ill. Anyone over 18 can make one, and it’s a wise decision for adults of all ages. Accidents, illnesses, or unforeseen circumstances can affect mental capacity at any stage of life. Creating a Lasting power of attorney in advance ensures your wishes are respected and your affairs are managed by someone you trust.
People with high-value assets, business owners, individuals with ongoing medical conditions, or those wanting control over future decisions are particularly encouraged to put an LPA in place. It removes the burden of decision-making from family members and avoids legal complications.
Types of Lasting Power of Attorney
There are Two Types of Lasting Power of Attorney
Health and Welfare Lasting Power of Attorney – This allows the attorney to make decisions about medical treatment, care homes, daily routines, and life-sustaining treatment.
Property and Financial Affairs Lasting Power of Attorney – This gives authority to manage bank accounts, pay bills, collect pensions, and sell property.
You can choose to make one or both, depending on your needs.
Benefits of a Lasting Power of Attorney
Peace of Mind: Knowing someone you trust will take care of your affairs if needed is reassuring.
Avoids Court Delays - Without an LPA, loved ones must apply to the Court of Protection, which can be slow, expensive, and stressful.
To Protect Your Interests - Your appointed attorney must follow the principles of the Mental Capacity Act and act in your best interests.
Flexible and Customisable - You can set conditions, preferences, and instructions, giving you control over how decisions are made.
How to Set Up a Lasting Power of Attorney
Setting up a Lasting Power of Attorney involves choosing your attorney(s), completing the appropriate forms, and registering the LPA with the Office of the Public Guardian (OPG). You can do it yourself or use a solicitor. Registration is crucial—an unregistered LPA cannot be used.
The forms must be signed by a certificate provider who confirms you understand what you’re doing and are not under pressure. As of 2025, the registration fee is £82 per LPA, though discounts may apply based on income.
Summary: A Lasting power of attorney UK adults appoint someone to manage their health or finances if they lose mental capacity. It provides legal clarity, avoids court delays, and ensures trusted individuals make decisions. Creating an LPA early protects your interests and supports your loved ones during difficult times.