Lasting power of attorney in England and Wales

An LPA is a lasting power of attorney: a legal document that lets you choose people to make decisions for you if needed. This article explains the process in England and Wales. It is general information, not legal advice.

What is an LPA?

According to GOV.UK, an LPA lets the donor appoint one or more attorneys. In England and Wales, the two separate types are:

• Health and welfare, for decisions about care and treatment when the donor lacks capacity for the relevant decision.
• Property and financial affairs, for matters such as bank accounts, bills and property, subject to the LPA’s terms.

You can make either type or both. An enduring power of attorney (EPA) is not another name for an LPA: in England and Wales, only EPAs made and signed before 1 October 2007 can still be used, under separate EPA guidance.

The rules differ elsewhere in the UK. Scotland uses continuing and welfare powers of attorney, while Northern Ireland has its own enduring power of attorney process. Take advice for cross-border arrangements.

Who can draw up an LPA in the UK?

A donor must be 18 or over and have the capacity to make the LPA. You do not need to be a British citizen or live in the UK. Capacity is assessed in relation to the decision being made; if there is doubt, seek appropriate legal advice before proceeding.

Why consider an LPA?

An LPA can help you record who you would trust to act and how you want decisions handled. It also gives you an opportunity to set binding instructions and non-binding preferences. It is important to choose carefully: an attorney has significant responsibilities and an LPA is not suitable for every arrangement.

Marriage or a partnership does not automatically give someone general authority to manage your finances or make your health and welfare decisions. Health information and involvement in care can also depend on consent, capacity, confidentiality and the circumstances; an LPA does not create unrestricted access to medical records. A health and welfare attorney has authority over life-sustaining treatment only if the donor made that express choice in the LPA. This is not the same as a blanket refusal of CPR.

Your attorney can be a family member, friend or professional

Business, overseas or complex family arrangements may need legal advice. A solicitor or other professional attorney is optional and may charge for their work.

An LPA can be relevant where an attorney may need to deal with a mortgage or remortgage, but it does not guarantee a lender will accept an application or give authority beyond the document and the lender’s requirements. Banks and lenders may ask for proof of authority, identification and further information. For questions about the mortgage implications of an existing LPA, you can discuss the circumstances with a mortgage broker or seek legal advice where appropriate.

How do I appoint an attorney in the UK?

Identification of a suitable person

Choose one or more attorneys. Under the official eligibility rules, an individual attorney must be 18 or over and have capacity. They do not need to be British or UK-resident. Someone who is bankrupt or subject to a Debt Relief Order cannot be a property and financial affairs attorney.

If you appoint more than one attorney, you can require them to act jointly (all must agree), jointly and severally (together or independently), or use a mixed arrangement for different decisions. You can also name replacement attorneys in case an original attorney cannot act.

When choosing an attorney, consider:

• How well do I know this person?

• Does this person understand the responsibility and have time to act?

• Will my attorney act in my best interests?

• Will my attorney be comfortable in this role?

An attorney might be a relative, partner, friend or professional. Discuss the role with them before you appoint them.

Completion of documents

You can prepare the forms online or on paper. Preparing an LPA online does not make it valid on its own: the forms must be printed and signed. GOV.UK’s signing guidance explains that the same original document must be signed; digital signatures and separately signed copies are not accepted.

Both routes require the donor, attorneys and an independent certificate provider, as well as witnesses for the relevant signatures. The certificate provider confirms that the donor understands the LPA and is not being pressured. They must be 18 or over and either have known the donor well for at least two years or have relevant professional skills; exclusions apply. Witnesses must also be 18 or over. Each signature is witnessed at the relevant signing step: the donor’s witness cannot be an attorney or replacement attorney, and the donor cannot witness an attorney’s signature. Follow the full LP12 signing instructions, including the complete exclusions and order of signing: donor first, certificate provider next, then attorneys and any replacements.

Prepare an LPA online

LPA registration at the Office of the Public Guardian

An LPA must be registered with the Office of the Public Guardian before it can be used. As checked on 20 September 2026, registration costs £92 per LPA (£184 for both). You may qualify for a reduction or exemption depending on your circumstances; check the current fee and reduction guidance.

GOV.UK currently estimates 8 to 10 weeks to register an LPA if there are no mistakes, but this is not a guarantee. Check the current registration guidance before applying.

Once an eligible LPA has been registered, the public Use an LPA service lets the donor or an attorney share a summary with an organisation. It does not make, sign or register the LPA.

What can an attorney do within the LPA?

An attorney’s authority depends on the type of LPA, its instructions and any preferences. They must help the donor make their own decisions where possible, act in the donor’s best interests and keep within the law.

Health and Welfare LPAs

Health and welfare attorneys can make decisions only when the donor lacks capacity for the particular decision. Their role may include:

• Where the donor lives and day-to-day care;
• Medical treatment and care arrangements;
• Life-sustaining treatment, but only where the LPA expressly gives this authority.

Property and Financial affairs LPAs

A registered property and financial affairs LPA can be used while the donor still has capacity only if the document allows it and the donor agrees. Otherwise, the attorney waits until the donor lacks capacity for the relevant decisions. Depending on the authority in the LPA, an attorney may be able to:

• Manage bank accounts, bills, benefits or pensions;
• Deal with property, including a sale where authorised;
• Work with organisations that may require the registered LPA, identity checks and account information.

Attorneys should keep records, keep the donor’s money separate from their own, follow valid instructions and consider the donor’s wishes and preferences. They must not use the role for personal benefit. Gifts and transactions involving the attorney can be restricted, and some matters require Court of Protection authority. An LPA ends when the donor dies.

Summary

An LPA is a personal planning decision. Read the official guidance, choose attorneys with care and seek legal advice for complex circumstances. Extend Finance does not provide legal advice or prepare LPAs.

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