Lasting Power of Attorney: Types, Costs and How to Set Up
A Lasting Power of Attorney lets someone you trust make decisions on your behalf. This guide explains the two types of LPA, how to set them up, and why they're essential for care planning.
Important
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint people you trust (attorneys) to make decisions on your behalf if you lose mental capacity or simply want help managing your affairs.
- Manage bank accounts and pay bills
- Buy or sell property
- Manage investments and pensions
- Can be used while you still have capacity (if you choose)
- Day-to-day care decisions
- Medical treatment decisions
- Where you live
- Life-sustaining treatment (if you specify)
- Can ONLY be used when you lack capacity
You can set up an LPA online at gov.uk/lasting-power-of-attorney or use a solicitor. The LPA must be registered with the Office of the Public Guardian before it can be used.
Registration fee: £82 per LPA (so £164 for both types). Solicitor fees typically £300-600 per LPA, though DIY is possible. Fee exemptions available if you receive certain benefits.
Choose people you trust completely. They must be over 18 and have mental capacity. Consider naming replacement attorneys in case your first choices can't act.
Office of the Public Guardian: 0300 456 0300. Age UK can help with forms: 0800 678 1602. Solicitors specialising in elderly law can advise.
Frequently Asked Questions
What's the difference between the two types of LPA?
Property and Financial Affairs LPA covers money matters and can be used while you have capacity. Health and Welfare LPA covers care and medical decisions but can only be used when you lack capacity.
How much does an LPA cost?
Registration costs £82 per LPA (£164 for both types). DIY is possible, or solicitors charge £300-600 per LPA. Fee exemptions exist for those on certain benefits.
Can I make an LPA if I have dementia?
You can only make an LPA while you have mental capacity. In early-stage dementia, you may still have capacity, but don't delay - a doctor can assess capacity if needed.
What if I don't have an LPA and lose capacity?
Someone would need to apply to the Court of Protection for deputyship - a longer, more expensive process (£371+ fees). The court decides who can make decisions for you.
Need More Help?
Support Organisations
- Age UK:0800 678 1602
- Carers UK:0808 808 7777
- Alzheimer's Society:0333 150 3456
- Parkinson's UK:0808 800 0303
Care Directory Support
Sources & References
- Office of the Public Guardian
- Gov.uk
- Age UK