What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more trusted people to make decisions for you if you lose the mental capacity to decide for yourself.
There are two main types of LPA:
Property & Financial Affairs LPA
Let’s your attorney handle your money and property (bank accounts, bills, benefits, pension, selling your home, etc.). You can choose to let it take effect as soon as it’s registered, or only if you become unable to manage financial matters.
Health & Welfare LPA
Allows your attorney to make personal and healthcare decisions (daily routine, medical treatment, living arrangements, etc.). This type only kicks in if you cannot make those decisions yourself. You can even specify whether they may refuse life-sustaining treatment.
You can create one type of LPA or both, depending on your needs. Together, they ensure that if you can’t speak for yourself, someone you trust will step in and act exactly as you would want.
Why You Might Need an LPA (Even If You’re Healthy)
It’s easy to think “I’m healthy, I don’t need this.” But capacity can be lost suddenly through accidents, stroke, illness or dementia. You can only make an LPA while you still have capacity. Once that’s gone, you cannot create one, and your family would have to apply to the Court of Protection to manage your affairs.
Without an LPA, even your closest relatives have no automatic right to act for you. They’d have to ask a court, which can be a slow, costly process. By making an LPA now, you choose who will decide for you in future, ensuring your wishes are followed and avoiding legal complications. In short: an LPA puts you in control of your future.
How to Set Up an LPA (Step-by-Step Guide)
Creating an LPA involves a few clear steps. You can do it yourself with the official forms, but many people prefer a solicitor’s help. Here’s what to do:
- Choose your attorney(s)
Pick one or more people you trust to act for you (often a family member or close friend). You can also name backup attorneys in case someone cannot act later. - Fill in the official forms
Complete the LPA paperwork (your solicitor can handle this for you). You’ll list details of you (the donor), your attorney(s), and what powers you’re granting. A certificate provider (for example, a doctor or lawyer) must also sign to confirm you understand the LPA and aren’t under pressure. - Register the LPA
Send the signed document to the Office of the Public Guardian (OPG). Registration is mandatory before it’s valid. The fee is £82 per LPA (reduced fees may apply if you’re on a low income). It usually takes about 8–10 weeks to process. - Share copies
When the OPG has registered the LPA, give a copy to each attorney (and keep one yourself). Now they have legal authority to act on your behalf when the time comes.
With a solicitor like John Fowlers, much of this is taken care of for you. They help fill out the forms correctly and guide you through the certificate and registration process, so you don’t have to worry about the paperwork.
Common Misconceptions About LPAs
“I’ll lose control”
You won’t. You choose your attorney and decide exactly what they can do. Until you lose capacity, you continue making all your own decisions. Even after that point, your attorney must follow your instructions. And you can cancel an LPA at any time while you still have capacity.
“It’s too complicated”
It doesn’t have to be. A solicitor will handle the paperwork for you. Our team gives comprehensive, tailored advice and guides clients through a simple, step-by-step process. With professional help, the forms are filled out correctly the first time, making everything easier.
“It’s too expensive”
There is a one-time cost, but it brings lifelong protection. You pay the government registration fee and, if you use a solicitor, their fee. Many firms offer fixed-fee packages. After that, there are no ongoing costs. Without an LPA, your family could face much higher expenses if they need to go through court.
“My family will handle everything”
Not automatically. In UK law, even your partner, spouse or children have no legal right to manage your affairs without an LPA. They would have to apply to the Court of Protection. An LPA allows your chosen person to step in immediately if needed, without the stress or delays of court proceedings.
How We Can Help
You don’t have to do this alone. The experienced solicitors at John Fowlers will walk you through every step. We explain your options, customise the LPA to match your wishes, and complete the paperwork on your behalf. We even handle registration with the OPG and take care of all formalities, so you don’t have to.
We also provide clear, fixed fees so you won’t be surprised by hidden costs. Our team ensures everything is legally sound, straightforward, and done with your best interests in mind. Clients often tell us it was much easier than expected and that they feel relieved knowing it’s all taken care of.
Ready to Get Started?
Using this lasting power of attorney guide as your first step, you can begin protecting yourself and your loved ones. Thinking about LPAs might feel daunting, but it’s one of the most caring and practical steps you can take for your future.
If you're ready to put a plan in place, our friendly solicitors at John Fowlers LLP are here to help. Visit our Lasting Powers of Attorney (LPA) service page or contact us today to start the process with expert legal support.