What is a Lasting Power of Attorney — and do you need one?

There is a legal document arguably more urgent than your will — because it protects you while you are still alive. A Lasting Power of Attorney (LPA) is you choosing, in advance and in writing, who may make decisions for you if illness or injury ever takes that ability away: a stroke, an accident, dementia. You choose the person. Not a court. Not chance.

The two types — and why they're different jobs

• Property & Financial Affairs — the money side: banking, bills, pensions, tax, maintaining or selling your home.
• Health & Welfare — the people side: your daily care, medical treatment, where you live, and (only if you expressly choose) decisions about life-sustaining treatment.

They are separate documents doing separate jobs; most people who need one need both. There's a fuller comparison in the companion guide.

The myth: “my spouse can just deal with it”

No — and this catches families out constantly. Without an LPA, your sole-name accounts are frozen: even your husband or wife cannot access them. Direct debits bounce and bills go unpaid while the person you love battles paperwork instead of caring for you. Marriage does not come with a master key to your bank account.

What happens without one: the Court of Protection

If capacity is lost with no LPA in place, your family must apply to the Court of Protection to be appointed your deputy. That means months of process, significant upfront costs, ongoing annual supervision fees, yearly reporting — and, crucially, the court decides who is appointed. An LPA is a fraction of the cost, and the choice is yours.

The catch that makes this urgent

You can only make an LPA while you still have mental capacity. Once it is needed, it is too late to make one — that is the entire point of the document.

The practicalities

An LPA must be registered with the Office of the Public Guardian before it can be used. Registration currently takes around 20 weeks and carries a government fee of £92 per LPA, paid to the OPG. That waiting time is itself a reason not to put this off: the document you make today is not usable until months from now.

Made properly — with advice on who to appoint, how they should act, and what powers and safeguards to include — an LPA is one of the most protective documents you will ever sign.