Lasting Power of Attorney: What It Is & Why You Need One

What Is a Lasting Power of Attorney?

A lasting power of attorney is a legal document that lets you appoint one or more trusted people (called "attorneys") to make decisions on your behalf if you become unable to do so yourself. The word "attorney" here doesn't mean a lawyer — it just means someone you've given legal authority to act for you.

The key word is "lasting" — it's designed to carry on working even if you lose mental capacity. Unlike some other powers of attorney, an LPA doesn't end if you become unable to make your own decisions. That's actually the whole point. You're planning for a scenario you hope never happens, but you're being smart and brave enough to prepare for it.

Over 1 million lasting powers of attorney were registered in England and Wales in 2023 alone. That's not because everyone's old. It's because more people are recognising this simple truth: life doesn't always go to plan, and the people who love us deserve to know what we'd want.

Here's something important: you can only make a lasting power of attorney while you have full mental capacity. You must understand what you're doing, what it means, and the scope of the authority you're giving. Once a diagnosis or condition means your mental capacity is in question, it's too late. This is why doing it now matters.

The Two Types of LPA You Need to Know About

The UK legal system recognises two separate lasting powers of attorney. They cover different areas of your life, and you'll almost certainly want to set up both.

1. LPA for Property and Financial Affairs

This LPA gives your attorney(s) authority to make decisions about your money and property. That includes:

• Managing your bank accounts and paying bills
• Collecting money owed to you (benefits, pensions, salary)
• Selling or renting out property
• Dealing with investments and insurance
• Filing tax returns
• Applying for benefits on your behalf

You can decide whether your attorney can use these powers immediately (even while you're still able), or only if you lose mental capacity. Many people choose the latter, but some choose to give immediate authority too — for instance, if they're going through a period of illness and need help managing finances temporarily.

2. LPA for Health and Welfare

This LPA covers decisions about your personal care and medical treatment. It only comes into force if you lose mental capacity (unlike the Property & Financial Affairs LPA). Your attorney would be able to make decisions about:

• Your medical treatment and healthcare decisions
• Where you live (care home, hospital, home care, etc.)
• Your diet and day-to-day care
• Consent to operations or procedures
• End-of-life care preferences
• Social activities and contact with others

This LPA is deeply personal. It's why choosing the right person — someone who knows you, loves you, and understands your values — matters so much.

Why You Need One Now — Not Just When You're Older

Here's where most conversations about lasting power of attorney go wrong. People hear "LPA" and think, "That's for when I'm 80 and in a care home." But the truth is simpler and more urgent than that.

You need a lasting power of attorney now because you don't know what's going to happen tomorrow.

Mental capacity can be lost at any age, for all sorts of reasons. A serious car accident. A stroke. Complications during surgery. A progressive condition diagnosed in your 40s. An infection that affects your brain. A mental health crisis. None of these are rare or unlikely enough to ignore — they happen to people every single day, and they happen to people who thought they had plenty of time.

Think about what would happen if you were in a hospital bed tomorrow, unconscious or too confused to make decisions about your treatment, your money, or your care. Without an LPA, your family would have no legal right to act on your behalf. They couldn't access your bank account. They couldn't make medical decisions. They'd be stuck — and so would you.

That's not being morbid. That's being responsible. An LPA is an act of love towards the people who care about you.

Whether you're in your 30s, 40s, 50s, or beyond, if you have people who depend on you, or people you trust to make good decisions about your care — you need a lasting power of attorney.

What Happens If You Don't Have an LPA

Let's be clear about what happens if you lose mental capacity and haven't made a lasting power of attorney. Your family doesn't automatically get authority to act for you. Instead, one of two things will happen.

Your Family Might Need a Deputyship Order

If there's no LPA in place and you lose capacity, a family member may have to apply to the Court of Protection to become a "deputy." This sounds official, and it is — but it's also expensive, slow, and complicated.

The application fee to the Court of Protection is around £400 (depending on the type of deputyship). The process usually takes 6-9 months. During that time, your family might be unable to pay your bills, sell your property, or make healthcare decisions. And after appointment, your family will have ongoing reporting requirements and the court's continued involvement in major decisions.

All of this is avoidable with an LPA you set up now.

Healthcare Decisions Fall to the Doctors

Without a Health and Welfare LPA, doctors have to follow strict legal rules about who they can listen to. They'll look for close family, but there's no guarantee they'll be able to act on what family members want. This can create heartbreaking situations where your family knows what you would have wanted, but they can't make it happen.

A Health and Welfare LPA puts your wishes and your chosen person front and centre in these conversations.

How to Set Up Your Lasting Power of Attorney

The process is more straightforward than most people think. You have a few options, each with different costs and complexity.

Option 1: Use the GOV.UK Service (Cheapest)

GOV.UK's official lasting power of attorney service lets you create, sign, and register your LPA online or on paper. Here's the process:

• Create your LPA: You'll fill in an online form (or download a paper form) that asks you to name your attorney(s), set out what decisions they can make, and confirm you understand what you're doing.
• Get it witnessed: You'll need a witness (someone independent, not your attorney or a close family member) to sign the document along with you. This confirms you're making the decision freely and understanding what it means.
• Register it: Once signed, you send your LPA to the Office of the Public Guardian to register it. The registration fee is £82 per LPA (so £164 if you're registering both Property/Financial and Health/Welfare LPAs).
• Wait for confirmation: Registration usually takes a few weeks. Once you get the registration certificate, your LPA is officially in force.

This option is affordable and entirely in your control. It works well if you're clear about what you want and have trustworthy people ready to act as attorneys.

Option 2: Use a Solicitor

If you want professional guidance, a solicitor can help you draft your LPA, make sure it says exactly what you want, and handle registration for you. This costs more (usually £200–£500+ depending on complexity), but it gives you peace of mind and expert advice.

This is especially useful if your situation is complicated — for instance, if you have blended families, significant assets, or concerns about how decisions should be made.

Option 3: Use a Online Legal Service

Various online services sit between Option 1 and Option 2 — they guide you through the process, review your document, and help with registration. Costs vary, but they're usually cheaper than a solicitor and easier than doing it completely alone.

The Timeline

Once you've created your LPA, registered it, and received the registration certificate, it comes into force immediately (for the Property & Financial Affairs LPA) or when you lose mental capacity (for the Health & Welfare LPA).

From start to finish, if you do it yourself via GOV.UK, expect 4-6 weeks. If you use a solicitor, allow a bit longer for appointments and their administration.

Choosing Your Attorney(s) — Who Should You Appoint?

This is perhaps the most important decision in the whole process. You're giving someone authority to make major decisions about your life, money, and health. It needs to be someone you absolutely trust.

Who Can Be Your Attorney?

Your attorney must be:

• At least 18 years old
• Someone you trust completely
• Ideally someone you've discussed your wishes with
• NOT disqualified (e.g., currently bankrupted, or disqualified from acting as a company director)

Your attorney doesn't need to be a lawyer. They could be your partner, a family member, a close friend, or a professional (like an accountant or a trust company). What matters is trust and reliability.

One Attorney or Multiple?

You can appoint one person, or multiple attorneys. If you appoint multiple, you decide how they work:

• "Jointly" means they must all agree on every decision. This offers more protection and oversight, but it can be slower if they disagree.
• "Jointly and severally" means each attorney can act independently. This is faster if you need a quick decision, but there's less built-in accountability.
• "Mixed" means some decisions must be made jointly, and others can be made individually.

Many people appoint their partner as one attorney (for immediate, day-to-day decisions) and an adult child or trusted friend as a second attorney (for oversight and backup).

Have You Actually Discussed This?

Here's something crucial: have you actually talked to the person you want to appoint? Never assume someone will take on this role. Discuss it with them. Tell them why you're choosing them. Share your values, your wishes, and what matters to you. Make sure they understand what they're agreeing to, and give them space to say no if they're not comfortable.

The best LPA is one where your attorney knows exactly what you'd want because you've told them.

How JINC Helps You Get Clear on This

Setting up a lasting power of attorney is straightforward in legal terms, but it opens up deeper questions: What are your real wishes? What decisions would matter most to you? What kind of care, treatment, or life do you want if you can't speak for yourself?

These are the questions JINC is designed to help you answer. Our Life Clarity Journal guides you through:

• What matters most to you — your values, your priorities, the life you want to live
• Who your people are — and what you want them to know about you
• The practical details — bank accounts, property, passwords, important contacts
• Your health and care wishes — what kind of medical treatment you would or wouldn't want
• Instructions for the people you trust — making it easy for them to step in and do what you'd want

When you work through JINC, you're not just ticking a legal box. You're getting absolutely clear on what your life should look like, and you're making sure the people you love understand your wishes. That clarity makes choosing your attorney easier, having conversations easier, and leaves less room for confusion or doubt.

We've also created a free Document Location Tracker that helps you list exactly where all your important documents are, including where your registered LPA will be kept. When the moment comes that someone needs to step in, they'll know exactly where to find what they need.

If you're thinking about setting up an LPA, it's worth doing some deeper thinking about what you really want. Download our free resources to get started, or explore JINC to work through your own life clarity.

Getting Started Today

A lasting power of attorney isn't morbid or frightening. It's practical. It's an act of love. It says: "I know life is unpredictable, I trust you, and I want you to be able to help me if I can't help myself."

To set up your LPA, visit GOV.UK's Make a Lasting Power of Attorney page. You can create, register, and put your mind at ease within a few weeks.

And remember: if you're unsure about what you'd want in specific situations, or you're feeling overwhelmed by the bigger picture, that's what JINC is here for. Getting clear on your life, your values, and your wishes isn't just about legal documents. It's about knowing yourself, and making sure the people you love aren't left guessing.

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• Free Resources from JINC