A Lasting Power of Attorney (LPA) is one of the most useful legal documents you’ll ever put in place. It ensures that, if you need help making decisions, or can’t make them at all, the people you choose can step in quickly and lawfully. This guide explains why LPAs matter, exactly how to set one up, the key choices you’ll make along the way, and the mistakes to avoid.

New to the topic? Start with our primer: What Is a Power of Attorney and How Does It Work in the UK?. Then come back here for the deeper, practical detail.

Need a hand right now? Call MAR Legal on +44 (0)161 491 3933 (CALL tel:+441614913933) or email info@marlegal.co.uk.

What exactly is an LPA? (Lasting Power of Attorney)

An LPA is a legal document that lets a donor (you) appoint one or more attorneys (trusted people or a professional) to make decisions now or in the future. There are two types:

Property & Financial Affairs LPA – covers money, banking, investments, property, pensions, and tax. You can allow it to be used as soon as it’s registered (with your consent) or only if you lose capacity.
Health & Welfare LPA – covers health, care, and living arrangements. It can only be used if you lack capacity for the specific decision. You can also give or withhold authority for life-sustaining treatment decisions.

LPAs are recognised by banks, investment platforms, local authorities, care providers, HMRC and (where relevant) the courts. Without an LPA, loved ones may have to apply to the Court of Protection for a deputyship, a slower, more expensive process with more ongoing supervision.

Why it matters (real-world scenarios)

A fall or stroke: You’re in hospital. Your mortgage payment, payroll, or supplier invoices need attention. With a registered Property & Financial Affairs LPA, your attorney can act immediately; without it, accounts may freeze.
Progressive illness (e.g., dementia): Decisions about home care, care homes, or adaptations can’t wait. A Health & Welfare LPA allows your chosen person to make best-interests decisions consistent with your wishes.
Travel or deployment: You’re abroad for months. A financial LPA (or an Ordinary Power of Attorney if short-term only) lets someone trusted manage the essentials, legally and efficiently.
Blended families: LPAs reduce family conflict by making your choice of decision-maker clear and binding.

The decisions you’ll make when setting up LPAs

1) Who should be your attorney(s)?

Pick people who are reliable, organised, and calm under pressure. They must be 18+. You can appoint:

One attorney, or
Multiple attorneys who act jointly (all must agree), jointly and severally (they can act together or alone), or a mix (e.g., jointly for selling property; jointly and severally for day-to-day banking).

Tip: If appointing more than one, think about practicalities: are they geographically close? Do they get on? Do they have complementary strengths (e.g., one medically minded, one financially savvy)?

2) Replacement attorneys

Always name replacements in case your first choice can’t act later (illness, relocation, conflict of interest). This single box-tick can save your family a Court of Protection application years down the line.

3) Instructions and preferences

Instructions (binding): rules your attorneys must follow (e.g., “Two attorneys must sign when selling my home”).
Preferences (guidance): your wishes (e.g., “I prefer to stay at home with a live-in carer if possible before considering a care home”).

Keep instructions practical. Over-restrictive wording can cause banks or care providers to reject the document.

4) Life-sustaining treatment (Health & Welfare LPA)

Choose whether to give your attorneys authority to consent to or refuse life-sustaining treatment or leave that decision to clinicians under existing law. If you already have an Advance Decision (Living Will), align the two so they don’t conflict.

5) Notifications and safeguarding

You can ask the Office of the Public Guardian (OPG) to notify specific people when you register your LPA. This creates an extra layer of transparency and an opportunity to raise objections in the statutory waiting period if something is wrong.

Step-by-step: how to set up an LPA (England & Wales)

Plan the structure
Decide attorneys, replacements, how they’ll act, and any instructions/preferences. MAR Legal can workshop this with you in 30–45 minutes.
Complete the forms
Use the official online service or paper forms. There are two separate LPAs if you want both Property & Financial Affairs and Health & Welfare.
Certificate provider
An independent adult confirms you understand and are free from undue pressure. This can be someone who has known you for at least two years or a professional (e.g., solicitor). They cannot be an attorney or replacement attorney.
Signing & witnessing (in the right order!)
- Donor signs and dates (witnessed).
- Certificate provider signs.
- Attorneys sign (witnessed).
  The signing order matters, get this wrong and the OPG may reject the application.
Register with the OPG
Registration is essential before use. Expect a statutory waiting period (to allow objections) and administrative processing.
Store safely and share access
Keep originals in a safe place. Ask MAR Legal for certified copies and a plan for sharing with banks, investment platforms, GP surgeries and care providers. For many organisations, a certified copy is preferable to handing over the original.

Timing, fees, and practicalities

Registration timeframe: Plan on several weeks from submission to registration (longer if forms are incorrect or if there are objections).
Application fee: Pay per LPA (i.e., one fee for Property & Financial Affairs and a separate fee for Health & Welfare). Fee remissions and exemptions exist in certain circumstances.
Using the document:
- Property & Financial Affairs LPA: Once registered, can be used with your permission now, or only if you lose capacity, depending on your selection.
- Health & Welfare LPA: Only when you lack capacity for that decision.

Why use a solicitor? Rejections commonly stem from signing order errors, ambiguous instructions, or missing details. We fix those upfront and provide certified copies and practical activation steps for banks, investment providers, and care settings.

Good practice for attorneys (and peace of mind for donors)

Attorneys must always act in the donor’s best interests. In practice, that means:

Consider the donor’s wishes and values (including any preferences written in the LPA).
Consult where possible, capacity can fluctuate, and many decisions are specific to time and topic.
Keep records of discussions, decisions, and payments.
Avoid conflicts of interest, and never mix personal funds with the donor’s money.
Respect the least restrictive option, choose the course that interferes least with the donor’s rights and freedoms.

MAR Legal provides an Attorney Starter Pack for clients’ attorneys: banking letters, checklists, and a simple decision-recording template.

Common mistakes (and how to avoid them)

Over-complicated instructions
If instructions are too tight, banks can’t operate the account. Use preferences for nuance; keep instructions simple and essential.
No replacements named
Life happens. Add at least one replacement attorney.
Choosing joint-only attorneys for everything
Requiring all attorneys to sign every action can grind daily life to a halt. Consider jointly for major decisions; jointly and severally for routine decisions.
Forgetting digital assets
Include guidance on online banking, email, cloud storage, and subscriptions. While attorneys don’t inherit copyright or contract rights, practical access matters.
Letting the document gather dust
After registration, tell the right people: your bank, IFA/accountant, GP surgery, and close family. Provide certified copies where appropriate.
Mismatch with your Will or Advance Decision
Keep your planning joined-up. We review your Will, any Advance Decision (Living Will), and your LPA to ensure consistency.

Example wording (to inspire your preferences)

Care preference: “If home care can meet my needs safely and reasonably, I would prefer to remain at home rather than move into residential care.”
Financial preference: “I wish low-risk investments to be prioritised and for at least 6 months’ living costs to remain in cash.”
Consultation preference: “I would like my attorneys to consult my sister [Name] on significant care or housing decisions.”

(We’ll tailor these to your situation so they’re clear and workable.)

How LPAs interact with other planning

Wills: Your Will handles your estate after death; LPAs apply during life and end when you die. Keep both in sync.
Advance Decisions (Living Wills): If you have one, make sure it doesn’t conflict with your Health & Welfare LPA.
Joint accounts: Banks often restrict what a joint account holder can do if one party loses capacity unless there’s an LPA.
Property ownership: If you co-own your home, attorneys can manage sale/purchase decisions according to the authority you’ve granted.

FAQs: Lasting Power of Attorney

Isn’t a spouse automatically allowed to decide everything for me?
No. Without an LPA, your spouse/partner does not automatically have legal authority to manage your bank accounts, investments, or property, and cannot override medical decisions without a legal basis.

Can I make LPAs if I’ve already been diagnosed with a condition like dementia?
Yes, provided you still have capacity to understand the document at the time of signing. If capacity is borderline, get a professional capacity assessment and keep notes.

Can I appoint a professional as my attorney?
Yes. Many people appoint a trusted relative for health/care and a professional for complex finances, or add a professional as a replacement.

Can attorneys be paid?
Family attorneys can claim out-of-pocket expenses. Professional attorneys charge agreed fees (set out transparently at the time of appointment).

How do we prove the LPA to a bank or care provider?
Supply either the original or a properly certified copy. Many organisations also accept the OPG’s online access code service. We’ll prepare certified copies and the covering letters for you.

Can I change or cancel my LPA later?
Yes, if you have capacity. You can revoke an LPA or replace an attorney. If your circumstances change (marriage, separation, new assets), review your documents.

What happens if my attorneys disagree?
Your appointment method controls this. If acting jointly and severally, either can act alone. For high-impact decisions, you can require joint action or a named referee (e.g., your GP or accountant) to be consulted.

Does divorce affect my LPA?
If your spouse/civil partner is an attorney, their role may cease on divorce/dissolution. Replacement attorneys ensure continuity.

How MAR Legal helps (and what you get)

Clarity session: We map attorneys, replacements, decision rules, and your wishes.
Drafting: Plain-English, mistake-proof forms with tailored instructions/preferences.
Signing choreography: We manage the order of signatures and witnesses so the OPG won’t reject the application.
Registration: We file with the OPG, monitor progress, and handle queries.
Activation pack: Certified copies, letters to banks and care providers, and an attorney guide.

Ready to set up your Lasting Power of Attorney?
Call +44 (0)161 491 3933 (click-to-call: tel:+441614913933)
Email: info@marlegal.co.uk
Or enquire via our Contact page.

Lasting Power of Attorney: Why It Matters and How to Set One Up