Last Updated: August 13, 2026
You may have heard of an LPA and that, in certain circumstances, it is advisable to make one. This guide by Gurvinder Sehra, Partner at Kidd Rapinet LLP, sets out the key points regarding LPAs and what happens when you do not have one.
What is an LPA?
An LPA is a legal document that you (the donor) can use to appoint an individual or individuals (your attorneys) to manage your affairs when you are incapacitated, either physically or mentally.
There are two different types of LPA: Property and Affairs LPA and Health and Welfare LPA. Each type covers different decisions and there are separate application forms for each. You can choose to make both types or just one. You can have the same attorney for both, or you can have different attorneys.
Property and Affairs LPA
An LPA for property and financial decisions allows your attorneys to make decisions regarding your finances. This can include paying your bills, dealing with investments and selling your home if it is in your best interests. It can be tailored to be effective straight away or only in the future if you lose mental capacity.
Health and Welfare LPA
An LPA for health and welfare decisions allows your attorney to make decisions regarding your care, for example, where you live or day-to-day care including your diet and what you wear. You can also give your health and welfare attorney the power to accept or refuse life-sustaining treatment on your behalf. A Health and Welfare LPA can only be used once you are in a position where you don’t have the mental capacity to make decisions about your own welfare.
Who should make an LPA?
Anyone aged 18 or over can make an LPA provided they have the mental capacity to do so. Mental incapacity can result from an accident or long-term illness and can have devastating effects on families trying to manage the health, welfare and finances of a loved one without legal authority.
People often seek advice on making an LPA when they believe they might lose the ability to manage their own affairs, for example, if they are diagnosed with a potentially debilitating illness or are older and at risk of age-related incapacity. Sometimes it is too late by this time.
It is better to plan ahead to ensure you have the necessary documents in place so there can be a seamless transition if you do lose mental capacity. This is far easier for your loved ones as there is one less issue to worry about.
Who can be an attorney?
You can choose anyone you wish to be your attorney, as long as they are over 18. For a Property and Affairs LPA, they cannot be bankrupt. Think about who you trust to make these decisions for you and whether the person is reliable and has the skills to carry out the role. You can choose to have more than one attorney.
Most people choose a relative or close friend, but you can also ask a professional such as an accountant or solicitor. A professional may charge for their time and you need to name an individual rather than an organisation or company.
How an attorney acts
If you choose to have more than one attorney, you must decide how your attorneys will act. They can make decisions together (‘jointly’), together and separately (‘jointly and severally’) or as a combination of the two. When making decisions, your attorney must follow the Mental Capacity Act.
This means they:
- must act in your best interests;
- must consider your past and present wishes;
- cannot take advantage of you to benefit themselves, and;
- must keep all your money separate from their own.
If the attorney fails to comply, the LPA could be cancelled. If an attorney has taken advantage of you, the person could be prosecuted.
What happens if I lose mental capacity and do not have a Lasting Power of Attorney in place?
If your family needs to manage your finances on your behalf because you are unable to do so, they will have to apply to the Court of Protection for a Deputyship Order. This is expensive and sometimes it can take up to eight months to obtain a Deputyship Order from the Court of Protection.
After the Deputyship Order has been granted, your appointed Deputy will have to adhere to strict rules set by the Court of Protection, including submitting annual accounts. You are unable to choose your Deputy, so anyone, including the local authority, can apply to be your Deputy.
Next steps
To make an LPA, you need to complete an LPA form. There are separate forms for the two different types. The form must be registered at the Office of the Public Guardian (OPG) before it can be used and there is a fee for registering each LPA. You may be exempt from having to pay the fee if you cannot afford it.
The OPG is responsible for the registration of LPAs, including dealing with objections and maintaining the register of LPAs. The OPG also has a contact centre where you can ask any questions, such as how to get an application form or help with completing the form.
Additionally, the OPG will also deal with any issues (including complaints) about the way an attorney is exercising their powers. If there are any problems, the OPG may pass on the case to the Court of Protection, who can remove attorneys who fail to carry out their duties.
In summary, an LPA gives you peace of mind that someone is going to step in if and when you are unable to deal with matters yourself. If you would like further information, contact Gurvinder Sehra on 01494 535321.
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