The importance of a Lasting Power of Attorney (LPA)

Key points

• A lasting power of attorney (LPA) is the preferred option for supporting someone who may lose the ability to make decisions in the future.
• An LPA can only be set up while a person still has capacity and can choose a trusted individual to act as their attorney.
• A person can appoint an attorney for property and finances and another for health and welfare, or choose the same person for both.
• Property and finance attorneys can manage bank accounts, pay bills, look after a home, and even sell a house if needed.
• Health and welfare attorneys can make decisions about medical treatment, care arrangements, where the person lives, and day‑to‑day health matters if capacity is lost.
• Setting up an LPA is a legal process that involves completing a detailed document, paying a fee, and registering it with the Office of the Public Guardian.
• The process usually takes around 10 weeks to complete.
• Regulations and processes may vary in other parts of the UK, so people should check local guidance if they don’t live in England or Wales.
• If someone does not have an LPA in place and loses capacity, decisions must be made under the best interests process, as set out in the Mental Capacity Act. This can take time.
• Best interest decisions can involve family members and professionals, but disagreements often arise about issues like care homes, hospital admission, or medical treatment.
• Having an LPA helps avoid these conflicts by giving one trusted person the authority to make decisions clearly and consistently.
• It is always encouraged to set up an LPA early, while you are well and able to think clearly about who you trust.
• More guidance can be found on the UK Government’s Office of the Public Guardian website.