Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) lets you choose people you trust (your attorneys) to make decisions for you. Without one, even your husband, wife or adult children have no automatic right to manage your money or make decisions about your care. If you lose capacity without an LPA, your family may need to apply to the Court of Protection, which can take time and cost more.

This is general information about the law in England and Wales, not advice about your circumstances.

• Property and financial affairs: managing bank accounts, paying bills, collecting a pension, selling your home.
• Health and welfare: decisions about your daily routine, medical care, moving into a care home, and (if you choose) life-sustaining treatment.

You can make one or both. Many people make both at the same time.

This is general information about the law in England and Wales, not advice about your circumstances.

An LPA cannot be used until it has been registered by the Office of the Public Guardian. A property and financial affairs LPA can be used while you still have mental capacity, if you allow it. A health and welfare LPA can only be used when you are unable to make the decision yourself.

This is general information about the law in England and Wales, not advice about your circumstances.

An attorney must be 18 or over. For a property and financial affairs LPA, they must not be bankrupt or subject to a debt relief order. If you choose more than one, you decide whether they must make decisions together (jointly), can act separately (jointly and severally), or a mix. You can also name replacement attorneys.

This is general information about the law in England and Wales, not advice about your circumstances.

A certificate provider confirms that you understand your LPA and are not being pressured into making it. They must have known you well for at least two years, or have relevant professional skills (such as your GP or a solicitor). Your attorneys, family members and some others cannot do this.

This is general information about the law in England and Wales, not advice about your circumstances.

An LPA can only be made by the person it is for, and they must have the mental capacity to make it. You can help them use our service. If someone can no longer make these decisions, an LPA is not possible and an application to the Court of Protection may be needed instead.

This is general information about the law in England and Wales, not advice about your circumstances.

Once your LPA has been signed by everyone in the right order, it is sent to the Office of the Public Guardian (OPG) for registration. The OPG charges a fee for each LPA and checks the document. Registration can take several weeks. The OPG contacts you directly, and we will keep your account updated.

This is general information about the law in England and Wales, not advice about your circumstances.