We advise many of our clients to make a lasting power of attorney (LPA), to ensure that they have nominated someone to deal with their finances and welfare should they lose mental capacity through illness or accident.
Without an LPA in place, if someone loses capacity a Court of Protection application must be made to appoint a deputy to manage their affairs. That process is time-consuming and expensive, and the person concerned has no say in who is appointed. With an LPA the process is entirely avoided.
Two types of LPA
Two different LPAs are available and either or both can be used as necessary:
- a property and financial affairs LPA, covering bank accounts, investments, bills, pensions and property, which can be used as soon as it is registered if you wish; and
- a health and welfare LPA, covering decisions about care, medical treatment and where you live, which can only be used once you have lost capacity.
Different attorneys can be appointed under each, and you can appoint more than one attorney to act jointly, or jointly and severally, with replacement attorneys in case an attorney cannot act.
Registration
For an LPA to be used it must be registered with the Office of the Public Guardian. A registration fee, currently £92 per LPA (since 17 November 2025), is payable, with reductions for people on low incomes. An LPA can be registered as soon as it is made, and we recommend doing so: an unregistered LPA is of no use in an emergency, and any mistakes are far easier to correct while you still have capacity.
The form and the certificate provider
The LPA is in a prescribed form. It must be signed by you as donor, by each attorney, and by a certificate provider, an independent person who confirms that you understand the document and are not under pressure to make it. We act as certificate provider where appropriate.
Those who already have an enduring power of attorney made before October 2007 should note that it remains valid for property and financial matters, although it cannot cover health and welfare decisions.
Advising attorneys
We also advise attorneys on their duties under the Mental Capacity Act 2005, on keeping accounts, on gifts, and on what to do when the donor’s circumstances change.