Understanding LPAs

Wills tend to be the document people think about first. But probate solicitors will tell you that missing LPAs cause far more family distress. Put simply, an LPA lets you hand legal authority to someone you trust so they can manage your affairs if you become unable to do it yourself. That might be because of dementia developing over years, or it might be overnight after a serious accident. Either way, the people around you need authority to act, and an LPA is what provides it before anyone has to beg a court for permission.

Without one, your family is locked out. They can't access your money, sell your house to fund care, or tell a consultant what treatment you'd want. The only route left is an application to the Court of Protection, which costs thousands, takes months, and puts a stranger in charge of decisions that should have been yours to delegate.

There are two separate LPA documents, and they cover different territory.

Property and Financial Affairs handles your money, your assets, your bills. Banking, pension drawdowns, selling or renting property, managing investments, filing tax returns, paying the gas bill. If it involves a pound sign, this LPA covers it. Uniquely, this type can be used while you still have capacity, with your permission, which is handy if you're physically unable to get to a bank even though your mind is perfectly sharp.

Health and Welfare covers the personal and medical side. Where you live, what care you receive, whether to accept or refuse medical treatment, diet, daily routine. There's an important safeguard built into the Health and Welfare version: it can't be activated while you're still capable of making your own choices. Your attorneys only gain authority over personal decisions once capacity is genuinely gone.

So why create two documents rather than one? Because illness and injury rarely stay in one lane. A person who can't make healthcare decisions usually can't manage a bank account either, and having only one type of LPA leaves half the picture uncovered. A stroke might leave you unable to manage finances and unable to communicate treatment preferences at the same time.

The assumption that trips most people up is that next of kin can sort things out automatically. Your wife can just phone the bank. Your son can talk to the doctor. Your daughter can sell the house to pay for care.

None of that is true.

Banks won't discuss your accounts with anyone who doesn't hold legal authority. Doctors can make treatment decisions in your best interest, but your family has no formal say unless an LPA is in place. And selling your property? Completely impossible without either an LPA or a court order.

The Court of Protection exists for exactly this situation, but it's nobody's idea of a good time. The application costs a minimum of £371 in court fees alone, and that's before legal representation. Processing typically takes 16 to 24 weeks. The court appoints a "deputy" to manage your affairs, and that deputy might be a family member or might be a professional chosen by the court. Annual supervision fees apply for as long as the arrangement lasts.

Compare that to an LPA, which you set up in advance, with people you've chosen, at a fraction of the cost and hassle.

Making an LPA involves a few more steps than writing a Will, but it's not as complicated as people assume.

You choose your attorneys. These are the people who'll act on your behalf. You can appoint one person, two or more acting jointly (every decision together), or two or more acting jointly and severally (any of them can act alone). Each arrangement has trade-offs we cover in our Choosing Your Attorneys guide.

You also name a certificate provider. This is an independent person who confirms you understand what you're signing and nobody is pressuring you. They can be a professional (doctor, solicitor, social worker) or someone who's known you personally for at least two years but isn't a family member.

There's also space to list "people to notify," individuals who'll be told when the LPA goes for registration and can raise a red flag if they have concerns. They don't get decision-making power; think of them as an extra layer of oversight.

Signatures come from you, your attorneys, and the certificate provider. Everything then goes off to the Office of the Public Guardian (OPG) for registration. Until that step is complete, the LPA can't be used for anything. Each LPA costs £92 to register. If you receive certain means-tested benefits, you may qualify for a reduction or a complete exemption from the fee. Registration currently takes around 12 weeks on average, though the wait stretches during busy periods and shortens when things are quieter.

"I'm 35. Why would I need one now?" That line of thinking assumes you will get some kind of warning. Capacity loss rarely works that way. Car crashes, serious infections, and bad falls happen to people of every age. The whole advantage of an LPA is making considered choices while you're well, not scrambling after a crisis has already arrived.

"What stops my attorney helping themselves to my money?" Strict legal duties. An attorney must act in your best interest, never mix your money with theirs, and keep a record of everything. The OPG has the power to investigate complaints and remove attorneys who overstep. You can also write specific restrictions into the document, spelling out exactly where your attorney's authority starts and stops.

"What if I want to appoint someone different later?" Completely. While you've still got capacity, sending a revocation notice to the OPG cancels the registration. From that point, you can draft a fresh LPA with entirely different people in the attorney roles if you want to.

Our online LPA service walks you through both types of LPA with guided questions and clear explanations at each step. You choose your attorneys, set your preferences, and we generate the documents ready for signing and registration.