Lasting Power of Attorney: Health and Welfare & Property and Financial Affairs
Planning for the future isn’t always easy, but setting up a Lasting Power of Attorney (LPA) can give you peace of mind that your affairs will be handled by someone you trust if you’re unable to make decisions yourself.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you (the “donor”) to appoint one or more people (known as “attorneys”) to make decisions on your behalf if you lose mental capacity or no longer wish to make decisions yourself.
LPAs are governed by the Mental Capacity Act 2005 and must be registered before they can be used.
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There are two types of LPA in the UK:
1. Property and Financial Affairs LPA
This allows your attorney(s) to manage things like:
Bank and building society accounts
Paying bills
Collecting pensions or benefits
Buying or selling property
This type of LPA can be used with your permission while you still have mental capacity, or if you lose capacity.
2. Health and Welfare LPA
This allows your attorney(s) to make decisions about:
Medical treatment
Care arrangements
Daily routine (e.g. washing, eating)
To deliver Life-sustaining treatment (if you choose to give this authority or not)
This type of LPA can only be used if you lose mental capacity.
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Without an LPA in place, your loved ones may not have the legal authority to make decisions for you. They may need to apply to the Court of Protection, which can be a longer, more complex, and costly process.
Having an LPA ensures:
Your wishes are respected
Decisions are made by someone you trust
Less stress for your family during difficult times
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You can choose anyone you trust, such as:
A spouse or partner
Family member
Close friend
Professional (e.g. solicitor)
Attorneys must be over 18, and for financial LPAs, they must not be bankrupt.
You can appoint more than one attorney and decide whether they act:
Jointly (together on all decisions), or
Jointly and severally (together or independently)
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It’s best to set up an LPA while you are still mentally capable of making your own decisions. Many people choose to do this:
As part of general estate planning
After a major life event
As they get older
However, LPAs are not just for older people—unexpected illness or injury can happen at any age.
How we can help
Considering the future can often be complicated and can be emotional, but professional guidance makes the process straightforward and secure. We can help you:
Talk through the process, help you understand
Handle the paperwork and manage the process
Protect your loved ones best interests
Make sure no decision is made about what matters without the permission from you
We take the time to understand your circumstances and ensure your wishes are clearly documented.
Get started today
Setting up a Lasting Power of Attorney is one of the most practical steps you can take to protect yourself and your loved ones. While the process is straightforward, seeking professional advice can help ensure your LPA reflects your wishes accurately and is completed correctly.