Lasting Power of Attorney: Who Could Act for You?
By Al & Sophie Baker. Last checked: the 29th of September 2026. This guide mainly covers England and Wales, with links to the different arrangements in Scotland and Northern Ireland below. It provides general information, rather than legal advice for your personal circumstances.
A lasting power of attorney lets you choose someone you trust to help make decisions about your money or care if you need them to. You might assume your husband, wife or children could automatically step in if you became seriously ill, but being family doesn’t give them all the legal authority they might need. Putting the right documents in place while you can make your own decisions gives you a say in who can act for you and what they’re allowed to do.
What does a lasting power of attorney cover?
The person making the LPA is called the donor, and the people they appoint are called attorneys. You can choose one person or several, and they don’t have to be solicitors. In England and Wales, you must be 18 or over and have the mental capacity to make the LPA.
There are two types of lasting power of attorney, and you can make either one or both. They cover different decisions, so a document allowing someone to manage your bank account doesn’t also let them decide about your medical treatment. Each needs its own form and registration.
For example, your financial attorney might pay your mortgage or speak to the Department for Work and Pensions about benefits within the authority you’ve given them. Your health attorney might decide about a care arrangement when you can’t make that decision yourself. An attorney must act in your best interests and follow the limits of their powers; the role doesn’t give them permission to treat your money as their own.
Wouldn’t my family be able to help anyway?
My wife works in social services within a hospital setting. She sees firsthand how difficult things can become when someone is seriously ill and their family assumes they can automatically take over decisions. Finding out that they don’t have the legal authority they expected can add more stress at an already difficult time.
Marriage or a civil partnership doesn’t automatically let someone manage accounts held solely in your name. If you lose capacity without a suitable arrangement in place, someone may need to apply to the Court of Protection to become a deputy, which gives them powers set by the court. The application currently costs £432, and further fees or a security bond may apply, although help with fees is available in some circumstances.
Health and care decisions work differently, so it isn't the case that your family simply loses all say without an LPA. Where you can’t consent, professionals must follow the relevant best-interests rules, taking account of your wishes and consulting those close to you where appropriate. A health and welfare LPA gives your chosen attorney a defined decision-making role, within the authority granted by the document.
An LPA also doesn’t remove your liability for care fees or protect your assets from a care-cost assessment. It gives someone authority to manage your finances, rather than changing which care costs you’re responsible for. Don’t buy one on the assumption that it will preserve your house or savings for an inheritance.
How much does a power of attorney cost?
You can use the government forms to prepare an LPA yourself without paying a solicitor or document-writing service. The standard registration fee is £92 for each LPA, payable to the Office of the Public Guardian, the public body that registers LPAs in England and Wales. Any fee for professional help is separate, so check whether a quote includes registration, VAT and both types of document.
Could an LPA fee reduction make it cheaper?
Check the LPA120 fee-help form and guidance before you apply. If the donor’s annual income before tax is below £12,000, they can apply for a 50% reduction, bringing the registration fee down to £46 per LPA. The income assessment can include benefits, pensions and other income, so don’t look at wages alone.
Some means-tested benefits can qualify you for a full exemption, subject to the conditions in the form. Universal Credit is treated differently: receiving it doesn’t automatically make registration free, and the Office of the Public Guardian assesses eligibility for a reduction instead. Send the required evidence with your application, as the current guidance says retrospective refunds aren’t available; the form also explains how to request help because of financial hardship.
How to set up a lasting power of attorney
Choose people you trust and discuss the role
Start by asking the people you have in mind whether they’re willing and able to help. An attorney must be at least 18 and have mental capacity, and there are extra restrictions for financial attorneys. Think about who would keep records, manage bills responsibly and respect your wishes, rather than choosing someone simply because they’re your eldest child or closest relative.
If you appoint several people, decide whether they must act together or can act separately as well as together. Requiring everyone to agree can affect how easily everyday decisions get made, so read the guidance on choosing attorneysbefore selecting an option. You can also name replacement attorneys to step in if your original choice can’t continue.
Complete the forms and arrange the signatures
Use the official service to make a lasting power of attorney, or download the paper forms. The online service helps you prepare the paperwork, but you still need to print it and arrange signatures on the original document. It isn’t a fully online process where everyone can simply add an electronic signature.
You’ll need a certificate provider, someone who confirms that you understand the LPA and aren’t being pressured into making it. This can be a suitable person who has known you well for at least two years, or someone with relevant professional skills, subject to the eligibility rules. You can’t simply use any relative or one of the attorneys, so check the official signing and certificate-provider guidance.
Follow the instructions for each section and the signing order carefully: the donor signs first, then the certificate provider, then the attorneys and any replacements. The donor’s and attorneys’ signatures need suitable witnesses, and there are rules about who can witness whom. Check every name, signature and date before sending the forms, because errors can delay registration or mean paying to apply again.
Register it before it’s needed
An LPA must be registered before anyone can use it. The Office of the Public Guardian currently gives an estimate of 8 to 10 weeks when there are no mistakes in the application. Allow time for completing and signing the paperwork as well, rather than leaving everything until someone urgently needs help.
When might it be worth paying for help?
You don’t have to use a solicitor, but professional advice can be useful if your wishes are complicated, there’s a risk of family disagreement or you’re unsure about capacity. Ask what the service includes, who checks the documents and what happens if registration is refused because of an error.
For readers looking locally, power of attorney Doncaster services are available from Andrew Isaacs Law; compare the scope and full price with other suitable options before deciding.
If you’ve decided to pay for preparation, it’s worth checking whether cashback could reduce the cost.
TopCashback lists an offer for Which? power of attorney services, and our TopCashback review explains how tracked cashback works. The Which? offer terms currently require a qualifying full-priced purchase of £139 or more and exclude unapproved discounts, so don’t assume a discount code and cashback will combine. Compare the full cost with preparing the forms yourself, and treat cashback as a possible extra saving rather than guaranteed money back.
What does mental capacity mean?
Mental capacity means being able to make the particular decision at the time it needs to be made. It involves understanding the relevant information, retaining it long enough, using or weighing it and communicating a choice. Someone might be able to decide what to eat but need help with a complicated financial decision, so capacity isn’t an all-or-nothing label.
A diagnosis such as dementia doesn’t automatically mean someone can’t make an LPA. What matters is whether they have capacity to understand and create that document, and professional advice may be useful if there’s doubt. Equally, relatives can’t make an LPA on someone’s behalf once that person no longer has the necessary capacity.
What happens after registration?
Keep the registered document safe and tell your attorneys where to find it. For LPAs registered on or after the 1st of January 2016, the government’s Use a lasting power of attorney service lets you create access codes for organisations to view a summary online. Original documents or certified copies are another route, and banks may still need identity checks and their own account arrangements before an attorney can act.
You keep the right to make your own decisions while you have capacity. If you want to cancel an LPA, follow the formal cancellation process; adding an attorney or changing the powers will usually require a new document rather than editing the registered one. Ask the Office of the Public Guardian or a solicitor about the particular change before writing anything on it.
An LPA ends when you die, so it doesn’t replace having a will. The LPA is for decisions during your lifetime, while a will sets out what should happen to your estate after your death. If you’re sorting both out, our guide to free will-writing options can help you check whether you need to pay for that part of your planning.
What if I live in Scotland or Northern Ireland?
Scotland uses continuing powers of attorney for money and property, and welfare powers of attorney for personal welfare. You can combine these in one document, but the process and registration arrangements differ from England and Wales. Use the Scottish guidance rather than the LPA forms linked above.
Northern Ireland uses an enduring power of attorney for financial matters, with different rules about registration. It doesn’t provide the same health and welfare powers as an English or Welsh LPA. If your circumstances cross borders, get advice about the documents and authority you need.
Start with a conversation
You don’t need to be retired or wealthy to think about who could help if illness or an accident affected your ability to make decisions. A useful first step is to talk to the person you’d trust, then check the forms and whether you qualify for help with registration fees. That gives you a chance to make your wishes clear while you can explain them yourself.
Frequently asked questions
What is a lasting power of attorney in simple terms?
A lasting power of attorney is a legal document that lets you choose someone to make certain decisions on your behalf. In England and Wales, there are separate documents for money and property, and for health and welfare.
How much does a lasting power of attorney cost?
In England and Wales, registration costs £92 per LPA, or £184 for both types for one person, before any fee reduction or exemption. The government forms are free, but a solicitor or paid preparation service will charge separately.
How long does it take to register an LPA?
The Office of the Public Guardian says registration takes 8 to 10 weeks if there are no mistakes in the application. Allow extra time to choose your attorneys, complete the forms and arrange the signatures before you send them.
Can I set up a lasting power of attorney without a solicitor?
Yes, you can use the government forms and guidance to make an LPA yourself. You still need a suitable certificate provider, the required witnesses and signatures, and registration before it can be used.
When can an attorney start making decisions?
A property and financial affairs LPA can be used after registration with your permission while you still have mental capacity, unless its instructions restrict this. A health and welfare LPA can only be used when you lack capacity to make the particular decision.
Does my spouse automatically have power of attorney?
No, being married or in a civil partnership doesn’t automatically give someone authority to manage your individual finances or make all your care decisions. An LPA lets you choose who has the powers set out in that document.
What happens if someone has already lost mental capacity?
They can’t make an LPA if they no longer have capacity to understand and create it. A Court of Protection application may be needed to manage their finances, while health and care decisions must follow the relevant best-interests rules.
Can I change or cancel a lasting power of attorney?
You can cancel an LPA while you have mental capacity by following the formal process. Changes such as adding an attorney or rewriting the powers usually mean making and registering a new LPA, so check the rules before altering anything.
What’s the difference between an ordinary and a lasting power of attorney?
An ordinary power of attorney covers financial matters and only works while you have mental capacity, so it can suit temporary help. A lasting power of attorney can continue to operate if you lose capacity, provided it has been properly made and registered.
