Why do I need an LPA?

Most of us are used to planning for the future. We make Wills, save for retirement and take out insurance. But have you thought about who would make important decisions for you if, one day, you were unable to make them yourself?

This is where a Lasting Power of Attorney (LPA) can be invaluable.

An LPA is not just something to think about later in life. An accident or illness can happen unexpectedly at any age, so putting an LPA in place while you are fit and well can give you greater control over what happens in the future.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney, commonly known as an LPA, is a legal document that allows you to appoint one or more trusted people, known as your attorneys, to help you make decisions or make decisions on your behalf. You are known as the donor.

You must be aged 18 or over and have the mental capacity to make your own decisions when you make an LPA.

There are two types of Lasting Power of Attorney in England and Wales:

Property and Financial Affairs LPA

A Property and Financial Affairs LPA allows your chosen attorney or attorneys to deal with financial matters on your behalf.

This could include:

• Managing your bank or building society accounts
• Paying household and care bills
• Collecting benefits or a pension
• Managing investments
• Buying or selling your home

Unlike a Health and Welfare LPA, a Property and Financial Affairs LPA can potentially be used while you still have mental capacity, provided the LPA has been registered and you have given your permission.

Health and Welfare LPA

A Health and Welfare LPA allows your attorneys to make decisions about your health and personal welfare if you no longer have the mental capacity to make those decisions yourself.

These decisions might concern:

• Your medical care
• Where you live
• Moving into a care home
• Your day-to-day routine and care
• Life-sustaining treatment

Importantly, attorneys can only make decisions under a Health and Welfare LPA when you are unable to make the relevant decision yourself.

You can choose to make either type of LPA, for more comprehensive protection, you can put both types of LPA in place.

Why do I need an LPA if I’m fit and healthy?

It is easy to think of an LPA as something you only need when you get older. However, an LPA is really about planning ahead.

You can only make an LPA while you have the necessary mental capacity.

This is why it can be sensible to put one in place before it is actually needed.

If an unexpected illness or accident affected your ability to make certain decisions, having LPAs already in place means that the people you have chosen can step in when appropriate.

Think of an LPA as part of your wider future planning, alongside making a Will.

Can’t my husband, wife or children just make decisions for me?

This is a common misconception.

Being someone’s spouse, civil partner or child does not automatically make them your attorney. An LPA is the legal mechanism that allows you to choose trusted people and give them authority to make specified decisions on your behalf.

Without the appropriate authority in place, loved ones may encounter difficulties when trying to manage financial matters or make certain decisions for somebody who has lost mental capacity.

Putting an LPA in place therefore helps make your wishes clear and gives the people you trust the necessary legal authority to act when needed.

What happens if I lose capacity without an LPA?

If you lose the capacity to make relevant decisions and you have not already made an LPA, you cannot simply create one at that point. This is because you must have mental capacity when making an LPA.

Depending on the circumstances, an application to the Court of Protection for a Deputyship Order may instead be required.

This is one of the biggest reasons we encourage people not to leave making an LPA until it is needed.

Planning ahead allows you to choose who you trust to act for you.

Who should I choose as my attorney?

Choosing your attorney is one of the most important decisions you will make when creating an LPA.

An attorney must be aged 18 or over. You may choose someone such as:

• Your husband, wife or civil partner
• An adult child
• Another relative
• A trusted friend
• A professional, such as a solicitor

Above all, your attorney should be someone you know and trust and who understands the responsibility involved. If you are appointing somebody to manage your finances, it is also worth considering how comfortable they are dealing with financial matters.

You can appoint more than one attorney and decide how you would like them to make decisions.

What are the benefits of having an LPA?

There are several reasons to consider putting LPAs in place.

You decide who you trust

Rather than leaving the question of who manages your affairs until something goes wrong, an LPA allows you to choose the people you want to act for you.

You can make your wishes clear

An LPA gives you the opportunity to set out instructions and preferences about how you would like your attorneys to act.

It can make things easier for your family

If you lose capacity unexpectedly, your loved ones may already be dealing with a difficult and emotional situation. Having an LPA in place can give them clarity about who has authority to deal with your affairs.

It helps you plan for the unexpected

You do not have to elderly or unwell to make an LPA. They can form an important part of future planning for adults of many ages.

It gives you greater control over your future

At its heart, an LPA is about choice. You are deciding who you trust and putting arrangements in place for a situation where you may no longer be able to communicate or make certain decisions yourself.

Do I still need an LPA if I have a Will?

Yes. A Will and an LPA serve very different purposes.

Your Will sets out what you want to happen to your estate after you die.

An LPA, on the other hand, relates to decisions that may need to be made during your lifetime.

For comprehensive future planning, it is therefore worth considering both.

How much does it cost to register an LPA?

As of October 2026, the Office of the Public Guardian charges £92 to register each LPA. Therefore, registering both a Property and Financial Affairs LPA and a Health and Welfare LPA currently carries registration fees of £184, before any professional legal fees.

Some people may qualify for a reduction or exemption depending upon their financial circumstances.

Can I make an LPA myself?

There is no need to wait until you are elderly, unwell or beginning to struggle with your affairs.

In fact, the best time to think about an LPA is often while you are able to make decisions confidently for yourself.

Remember, you can only make an LPA if you have the necessary mental capacity.

Planning ahead gives you the opportunity to have conversations with those closest to you and put arrangements in place on your own terms.

How can we help

Making a Lasting Power of Attorney can give you reassurance that, if you are unable to make certain decisions in the future, people you know and trust have been chosen to act on your behalf.

At Osborne Morris & Morgan Solicitors, our experienced team can guide you through the process of making a Lasting Power of Attorney, explaining your options and helping you put arrangements in place that reflect your individual circumstances.

Speak to our Private Client team today on 01525 378177 or email info@ommlaw.co.uk.