What Is a Lasting Power of Attorney? Do You Need One?

A Lasting Power of Attorney (LPA) isn't just for the elderly — it's a legal safety net for anyone who could, at some point, lose the ability to make their own decisions.

What an LPA does

A Lasting Power of Attorney lets you (the "donor") appoint one or more trusted people (your "attorneys") to make decisions on your behalf if you're ever unable to make them yourself — whether through illness, an accident, or dementia. Without one, your family may have to apply to the Court of Protection for a deputyship order, which is slower, more expensive, and gives them less say over who's chosen.

The two types of LPA

• Health and welfare LPA — covers decisions about your medical care, daily routine, and where you live. This can only be used once you've lost mental capacity.
• Property and financial affairs LPA — covers decisions about your money, bills, and property. Unlike the health and welfare version, this can be used even while you still have capacity, if you choose to allow it — useful if illness or injury makes managing your own affairs difficult.

You can set up one or both, and most people who want full protection do both.

Who should you choose as attorney?

Someone you trust completely — a spouse, adult child, sibling or close friend. You can appoint more than one attorney, and decide whether they must act together on every decision or can act independently. It's also sensible to name a replacement attorney in case your first choice can't act when needed.

How do you actually set one up?

An LPA must be made using the correct statutory form, signed by you, a witness, and a "certificate provider" who confirms you understand what you're signing and aren't under pressure. It then has to be registered with the Office of the Public Guardian before it can be used — registration currently takes several weeks, so it's worth doing well before it's actually needed, not in a crisis.

How is this different from a will?

A will only takes effect after you die and covers your estate. An LPA takes effect while you're alive and covers decisions made on your behalf if you lose capacity. Most people benefit from having both.

Frequently asked questions

Can I cancel or change an LPA after it's registered?

Yes, as long as you still have mental capacity — you can revoke an LPA at any time while capable, but once capacity is lost, it generally can't be changed.

What happens if I lose capacity without an LPA in place?

Your family or another concerned person would need to apply to the Court of Protection for a deputyship order — a slower, more expensive process than registering an LPA in advance, and one where the court, not you, decides who's appointed.