A growing number of people are registering a Lasting Powers of Attorney (LPA), according to data from wealth management company Quilter. 

An LPA allows you to appoint someone you trust to make decisions on your behalf if you are no longer able to do so. Putting an LPA in place early can save your loved ones stress in the long term when it comes to healthcare and financial decisions.

Without an LPA, if you lose mental capacity, your family may need to apply to the Court of Protection to manage your affairs. This process can be time-consuming, costly and may result in decisions being made by someone you would not have chosen.

While many people assume this is something to think about later in life, the reality is that loss of capacity can happen at any time, whether through unexpected illness, injury or a longer-term diagnosis. 

Putting LPAs in place sooner rather than later ensures your wishes are protected and avoids unnecessary stress for your loved ones. 

There are two types of LPA: one covering financial decisions and the other health and care decisions, and you can choose to make one or both. 

The two types of Lasting Power of Attorney

Property and financial affairs LPA

This allows your attorney to manage your financial matters, such as:

• Paying bills
• Managing bank accounts
• Dealing with property and other assets
• Handling investments

A property and financial affairs LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. 

Once registered, a property and financial affairs LPA can be used with your permission while you still have capacity, or if you lose capacity in the future.

Health and welfare LPA

This LPA covers decisions about:

• Care arrangements
• Medical treatment
• Day-to-day wellbeing (e.g. where you live and your daily routine)

Again, this type of LPA must be registered with the OPG but it can only be used if you are unable to make these types of decisions yourself. Having it in place early ensures that, if the unexpected happens, someone you trust is ready to step in immediately. 

Your attorney should be someone you trust to act in your best interests. This could be a family member, close friend, or a professional, such as a solicitor. 

You can appoint more than one attorney and decide whether they act together or independently. Choosing the right person, and discussing your wishes with them, ensures they understand your values and can act confidently if needed.

An LPA must be registered before it can be used. 

• Property and financial affairs LPA: can be used with your consent or if you lose capacity  

• Health and welfare LPA: only used if you lack capacity 

You may have capacity to make decisions about some matters and not others.  

Attorneys must always act in your best interests and follow legal principles. The OPG provides guidance for attorneys acting under LPAs: 

Yes – as long as you have mental capacity, you can: cancel your LPA, make a new one and appoint replacement attorneys. 

This flexibility means your arrangements can evolve as your circumstances change.

Setting up an LPA is one of the most effective ways to protect yourself and your family. It ensures that, if something unexpected happens, the right people are already in place to help you without delay.

If you’d like advice tailored to your situation, speak to an accredited Lifetime Lawyer who can guide you through the process and make sure everything is set up correctly.

Putting an LPA in place early is one of the simplest and most effective ways to protect yourself and your loved ones.

Get in touch with Anna-Marie Knipe who is an Accredited Lifetime Lawyer, which means you will receive expert, regulated advice tailored to your individual circumstances: