Free guide · England and Wales

Understanding lasting power of attorney

Understand the two types of LPA, when they can be used and where to get help arranging one.

Sources checked 2 October 2026 · General information, with links to advice for your circumstances.

Read at your own pace

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Part 1 of 5

Plan while you can make the decision

A lasting power of attorney, or LPA, lets someone appoint people they trust to help make decisions or decide on their behalf. The person making it must be at least eighteen and have the mental capacity to make it. Start the conversation with their wishes: “Who would you want to help if managing things became difficult?” Do not pressure them into choosing you or signing a document.

Your next step: Ask whether an LPA already exists and where the details are held.

Two people looking through illustrated information together.

Part 2 of 5

Two types, different powers

A property and financial affairs LPA concerns money and property. Once registered, it can be used with the person’s permission while they still have capacity, subject to its terms. A health and welfare LPA concerns care and treatment and can only be used when the person cannot make the relevant decision. The documents are separate. Check their scope rather than assuming one gives authority over everything.

Your next step: Discuss whether one type or both would meet the person’s wishes.

Three people discussing documents at a table.

Part 3 of 5

Choose carefully and register

Use the Office of the Public Guardian’s official process. The LPA must be registered before it can be used. The forms include signing and witnessing requirements and a certificate provider’s role. A solicitor can help explain choices, safeguards and complex family circumstances. Use the current official information for fees, reductions and processing times. An LPA does not remove the person’s right to decide for themselves when they can.

Your next step: Read the official instructions before anyone signs, and ask a solicitor about uncertainty.

People discussing documents together at a table.

Part 4 of 5

If capacity has already been lost

Being a spouse, child or “next of kin” does not by itself give general authority to manage another adult’s finances or consent to treatment. If someone cannot make an LPA, do not attempt to create one on their behalf. Ask about the appropriate legal route. A Court of Protection order or deputyship may be relevant, depending on the decisions needed. Health and welfare deputyships are not routinely granted; professional advice can help identify the right approach.

Your next step: Gather any existing legal documents and describe the specific decision that needs making.

Part 5 of 5

Make the plan usable

Imagine a hospital admission: would the right people know an LPA exists, who the attorneys are and how to check their authority? Agree where documents and contact details will be kept. Share access appropriately rather than circulating sensitive documents widely. Keep a separate note of preferences to help conversations, while recognising that an informal note is not a replacement for a legal document.

Your next step: Make a private document-location list and tell the trusted people who need it.

Your next-steps checklist

Print this page, or choose “Save as PDF” in your print options. Your notes stay with you.

Does an LPA already exist?
Which type is needed?
Who would the person choose and why?
Are there questions for a solicitor?
Has registration been completed?
Do the right people know where the details are?

My next step: ____________________________________

Who will help, and when: ____________________________

Sources and further help

Based on the published guidance below. Last checked 2 October 2026. Applies to England and Wales. These organisations have not endorsed or approved this Pheon Academy guide.

For a decision about your own care, finances or legal documents, use these services to find appropriate individual advice. Official pages carry current fees, eligibility details and contact information.

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