What Is a Lasting Power of Attorney and Do You Need One?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity.
In the UK, there are two types of LPA covering financial decisions and health and welfare decisions. Without one in place, your family may need to apply to the Court of Protection to manage your affairs.
If you are planning ahead for the future, understanding how these legal documents work and whether you need one is an important step. You can also view our main LPA service page, our Wills service, and our Will Trusts page if you would like help putting the right documents in place.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that gives one or more people, known as attorneys, the authority to make decisions for you if you are unable to do so yourself. This might be due to illness, injury, or conditions such as dementia. An LPA must be set up while you still have mental capacity and then registered with the Office of the Public Guardian before it can be used.
What Are the Two Types of LPA?
There are two types of Lasting Power of Attorney in the UK:
- Property and Financial Affairs LPA — This allows your attorney to manage money, pay bills, deal with banks, and handle property matters.
- Health and Welfare LPA — This allows your attorney to make decisions about care, medical treatment, and living arrangements if you lose capacity.
Most people choose to put both in place for full protection.
When Do You Need a Lasting Power of Attorney?
You may need a Lasting Power of Attorney if you want to make sure someone you trust can make decisions for you if you are no longer able to.
This can apply to:
- Managing your finances if you become unwell.
- Making decisions about care or treatment.
- Handling property or household bills.
Many people assume LPAs are only for older individuals, but they can be useful at any age.
What Happens If You Don’t Have an LPA?
If you lose mental capacity without a Lasting Power of Attorney in place, your family cannot automatically make decisions for you. Instead, they may need to apply to the Court of Protection to become a deputy.
This process takes time, involves additional costs, and can delay important decisions. Putting an LPA in place in advance avoids this situation.
When Should You Set One Up?
The best time to set up a Lasting Power of Attorney is while you are still well and able to make decisions clearly. Once mental capacity is lost, it is too late to create an LPA.
Many people arrange LPAs alongside writing a will, after buying property, or when planning for later life.
- Choosing your attorneys.
- Completing the legal forms.
- Signing and witnessing the documents.
- Registering with the Office of the Public Guardian.
It is important that everything is completed correctly to avoid delays or rejection.
How Much Does a Lasting Power of Attorney Cost?
There are usually two types of costs when setting up a Lasting Power of Attorney.
Professional fees vary depending on the provider and the level of support you need. The Office of the Public Guardian currently charges a registration fee of £92 per LPA. If you are arranging both types, this fee applies to each one.
For official guidance on Lasting Powers of Attorney and registration, you can also read the GOV.UK guide on power of attorney.
How Do You Set Up an LPA?
Setting up a Lasting Power of Attorney usually involves four main steps:
- Choosing your attorneys
- Completing the legal forms
- Signing and witnessing the documents
- Registering with the Office of the Public Guardian
It is important that everything is completed correctly to avoid delays or rejection.
If you are looking for help putting a Lasting Power of Attorney in place, you can view our main LPA service page or see our local services in areas such as Norwich, Cromer and Great Yarmouth.
The main purpose of a Lasting Power of Attorney is to allow someone you trust to make decisions for you if you lose mental capacity.
Most people choose both types of LPA for full protection, covering financial decisions as well as health and care decisions.
Yes, but mistakes can delay registration or cause problems later. Many people choose professional help to make sure everything is completed correctly.
Registration with the Office of the Public Guardian typically takes around 8 to 10 weeks if there are no problems with the application.
Get Help Putting an LPA in Place
If you would like help arranging a Lasting Power of Attorney, our team provides clear guidance, fixed fees, and free home visits across Norfolk. We can help you choose the right type of LPA, complete the documents correctly, and guide you through registration.