Lasting Power of Attorney (LPA)
A Lasting Power of Attorney (LPA) is the legal document used in England and Wales to appoint someone to make decisions for you if you can't make them yourself. There are two types, one for your health and welfare, and one for your property and financial affairs. Each is a separate document with its own rules about when it can be used. This guide explains exactly how each works, what your attorneys can and can't do, and the safeguards built in.
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Health and welfare LPA
This LPA lets your attorney make decisions about your personal welfare. It can only be used once you have lost the mental capacity to make the decision yourself. It can cover:
- ✓Your daily routine, washing, dressing, eating
- ✓Medical care and treatment decisions
- ✓Where you live, including moving into a care home
- ✓Who you have contact with
- ✓Whether your attorney can give or refuse consent to life-sustaining treatment (you choose this when you make the LPA)
Property and financial affairs LPA
This LPA lets your attorney manage your money and property. Unlike the health and welfare LPA, it can be used as soon as it is registered, with your permission, so it's useful even before any loss of capacity. It can cover:
- ✓Managing bank and building society accounts
- ✓Paying bills and the mortgage or rent
- ✓Collecting your pension, benefits and other income
- ✓Buying or selling property (subject to any restrictions you set)
- ✓Dealing with tax and investments
You can add instructions and preferences, for example, requiring your attorney to provide accounts to a family member, or keeping certain investments. The attorney must keep their money separate from yours and keep records.
What your attorney must do, and must not do
Attorneys are legally bound by the principles of the Mental Capacity Act 2005. They must:
- ✓Always act in your best interests
- ✓Help you make your own decisions wherever you still can, rather than taking over
- ✓Follow any instructions and consider any preferences in your LPA
- ✓Keep your money and property separate from their own
- ✓Keep records of decisions and spending
When does an LPA start and end?
- ✓An LPA must be registered with the Office of the Public Guardian before it can be used, registration currently takes around 8 to 10 weeks if there are no errors
- ✓A property and financial affairs LPA can be used as soon as it's registered, if you give permission
- ✓A health and welfare LPA can only be used once you lack capacity for the decision in question
- ✓You can cancel (revoke) an LPA at any time while you still have capacity
- ✓An LPA ends automatically when you die, your estate is then dealt with under your will
LPAs in Scotland and Northern Ireland
The LPA is an England and Wales document. The equivalents are:
- ✓Scotland: a Continuing Power of Attorney (financial) and/or a Welfare Power of Attorney, registered with the Office of the Public Guardian (Scotland)
- ✓Northern Ireland: an Enduring Power of Attorney (EPA), covering property and financial affairs only, registered with the Office of Care and Protection
See the main power of attorney guide for how the nations compare.
Get instant help right now
A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
What are the two types of lasting power of attorney?
There are two: a health and welfare LPA (covering medical care, treatment, daily care and where you live, usable only once you lose capacity) and a property and financial affairs LPA (covering bank accounts, bills, pension, benefits and property, usable as soon as it's registered with your permission). They are separate documents and each must be registered separately.
When can a lasting power of attorney be used?
An LPA must first be registered with the Office of the Public Guardian, which takes around 8 to 10 weeks. A property and financial affairs LPA can then be used straight away if you give permission. A health and welfare LPA can only be used once you have lost the mental capacity to make the particular decision yourself.
Can an attorney under an LPA change my will or give away my money?
No. An attorney cannot make or change your will, and cannot make large gifts of your money. They can only make small customary gifts (such as reasonable birthday or Christmas presents) and must always act in your best interests, keeping your money separate and keeping records. Misusing an LPA can lead to the attorney being removed and investigated by the Office of the Public Guardian.
Can I cancel a lasting power of attorney?
Yes. As long as you still have mental capacity, you can cancel (revoke) an LPA at any time by sending the Office of the Public Guardian a written deed of revocation. You can then make a new LPA if you wish.
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