What is Power of Attorney and How Does it Work

As a homeowner in the UK, managing your affairs can become increasingly challenging as you age or face unexpected circumstances. A Lasting Power of Attorney (LPA) is a vital legal document that allows you to appoint someone you trust to make crucial decisions on your behalf — covering everything from paying your bills to deciding on your medical treatment.

We understand that planning for the future can feel daunting, but having an LPA in place is one of the most important steps you can take to protect yourself and your family. Without one, if you lose mental capacity, your loved ones may face months of delay and significant expense applying to the Court of Protection for a deputyship order — just to access your bank account or manage your property. An LPA avoids all of that by putting the right people in charge, on your terms, before a crisis hits.

Key Takeaways

• A Lasting Power of Attorney (LPA) is a legal document that appoints someone you trust to make decisions on your behalf if you lose mental capacity.
• There are two types of LPA: Property and Financial Affairs, and Health and Welfare — each covering different areas of your life.
• An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used — you cannot wait until capacity is lost to set one up.
• Choosing the right attorney is one of the most important decisions you’ll make — they must act in your best interests at all times under the Mental Capacity Act 2005.
• An LPA works hand-in-hand with estate planning tools such as lifetime trusts to protect your assets and ensure your family is cared for.

Understanding Power of Attorney

A Power of Attorney is a legal document that grants someone the authority to act on another person’s behalf in legal, financial, or health matters. It’s one of the most important documents in any estate plan — arguably even more important than a will, because a will only takes effect after death, while an LPA protects you during your lifetime when you’re at your most vulnerable.

Definition and Purpose

A Power of Attorney is a legal document that allows an individual (known as the “donor”) to appoint one or more persons (known as “attorneys”) to make decisions on their behalf. The purpose is to ensure that a trusted person has the legal authority to manage your affairs if you become unable to do so — whether through illness, accident, or age-related cognitive decline.

The scope of a Power of Attorney can vary significantly. A Lasting Power of Attorney for Property and Financial Affairs covers everything from managing bank accounts and paying bills to selling property and handling investments. A Lasting Power of Attorney for Health and Welfare covers decisions about medical treatment, care arrangements, and day-to-day welfare — including, if you choose, life-sustaining treatment decisions.

Legal Context

In England and Wales, the legal framework for Powers of Attorney is governed by the Mental Capacity Act 2005. This Act replaced the old Enduring Power of Attorney (EPA) system with the current Lasting Power of Attorney (LPA) system from 1 October 2007. While existing EPAs made before that date remain valid, no new EPAs can be created.

The Mental Capacity Act 2005 also establishes five key principles that underpin all decisions made on behalf of someone who lacks capacity: a person is assumed to have capacity unless established otherwise; all practicable steps must be taken to help them make their own decisions; an unwise decision does not mean someone lacks capacity; decisions must be in the person’s best interests; and the least restrictive option should always be preferred. Every attorney must understand and follow these principles.

Common Misconceptions

One common misconception is that creating an LPA means you are handing over control immediately. In fact, with a Property and Financial Affairs LPA, you can specify that it should only be used when you lose capacity — or you can allow your attorneys to act alongside you while you still have capacity (which can be very helpful if you’re simply abroad or unwell). With a Health and Welfare LPA, your attorneys can only make decisions once you have lost the capacity to make that particular decision yourself.

Another major misconception is that your family can automatically manage your affairs if you lose capacity. They cannot. Without a registered LPA in place, your family would need to apply to the Court of Protection for a deputyship order — a process that currently takes around 4–6 months, costs significantly more than an LPA, and requires ongoing annual supervision fees and reporting to the OPG. During this time, your bank accounts are frozen, bills go unpaid, and no one has legal authority to deal with your property or care. An LPA avoids all of this.

Types of Power of Attorney

Power of Attorney is not a one-size-fits-all solution; there are distinct types under English and Welsh law, each serving different purposes. Understanding these differences is essential for effective estate planning and ensuring that you have the right protection in place.

General Power of Attorney

An Ordinary (sometimes called General) Power of Attorney grants authority to your attorney to manage your financial and legal affairs for a specific purpose or period — for example, if you’re going abroad for several months and need someone to handle a property sale. Crucially, an Ordinary Power of Attorney automatically ceases if you lose mental capacity. This makes it unsuitable for long-term planning — it’s a temporary, practical tool, not a safety net.

Enduring Power of Attorney

An Enduring Power of Attorney (EPA) was the predecessor to the LPA and covered property and financial affairs only. Since 1 October 2007, no new EPAs can be created in England and Wales. However, if you made a valid EPA before that date, it remains legally effective. An EPA must be registered with the Office of the Public Guardian when the donor is losing or has lost mental capacity. If you still hold an unregistered EPA, it’s worth reviewing whether a modern LPA might better serve your needs, particularly since EPAs cannot cover health and welfare decisions.

Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is the current standard for long-term planning in England and Wales. There are two types, each covering different areas of your life:

• Property and Financial Affairs LPA — covers decisions about bank accounts, bills, investments, property sales, pensions, and tax affairs. This can be used while you still have capacity (with your consent) or after you lose it.
• Health and Welfare LPA — covers decisions about medical treatment, care arrangements, where you live, and daily routine. This can only be used once you have lost capacity to make the specific decision in question.

For more details on the differences between Enduring and Lasting Power of Attorney, you can visit our detailed guide.

To better understand the nuances between these types, here is a comparison:

Choosing the right type of Power of Attorney depends on your specific needs and circumstances. For most people, having both types of LPA in place provides the most comprehensive protection. It’s one of those things that costs relatively little now but could save your family enormous stress, expense, and heartache later.

The Process of Creating a Power of Attorney

Creating a Lasting Power of Attorney is a structured process with specific legal requirements under the Mental Capacity Act 2005. While the process is straightforward when you know the steps, getting it right matters — an incorrectly completed LPA will be rejected by the Office of the Public Guardian, costing you time and potentially requiring a fresh application.

Breaking the process down into clear steps makes it manageable. The key stages are: choosing your attorneys, completing the correct LPA forms, having the document signed and witnessed in the right order, obtaining a certificate provider’s confirmation, and registering with the OPG.

Choosing Your Attorney

Selecting the right attorney is the single most important decision in this process. Your attorney will have significant power over your finances or welfare, so this must be someone you trust completely. Consider the following:

• Your attorney must be aged 18 or over and have the mental capacity to act in this role
• For a Property and Financial Affairs LPA, your attorney must not be bankrupt or subject to a debt relief order
• Choose someone who understands your values and is willing to act in your best interests — not their own
• Consider whether your chosen attorney lives nearby and is practically able to fulfil the role

You can appoint more than one attorney — and you should seriously consider doing so. You can specify whether they must act “jointly” (always together), “jointly and severally” (together or independently), or a combination of both. Appointing a replacement attorney is also strongly recommended, in case your first choice is unable or unwilling to act when the time comes.

Required Documentation

Creating an LPA requires completing the official OPG forms — either online through the government’s “Make a lasting power of attorney” service, or using paper forms. The key requirements are:

1. The LPA form itself — completed with details of the donor, attorneys, replacement attorneys, and any preferences or instructions you wish to include
2. A certificate provider’s statement — an independent person (either someone who has known you well for at least two years, or a professional such as a solicitor, doctor, or social worker) must certify that you understand the LPA and are not being pressured into making it
3. Signatures in the correct order — the donor signs first, then the certificate provider, then the attorneys. Getting this order wrong is one of the most common reasons LPAs are rejected by the OPG

Having a legal professional assist with the process helps ensure everything is completed correctly first time, avoiding costly rejections and delays.

Formalising the Agreement

Once the LPA form is completed and correctly signed and witnessed, it must be registered with the Office of the Public Guardian. Registration currently takes several weeks, though online applications tend to be processed more quickly than paper ones. There is a registration fee per LPA (so registering both a Property and Financial Affairs LPA and a Health and Welfare LPA means two fees). Fee exemptions and remissions are available for those on low incomes or certain benefits.

A critical point: an LPA cannot be used until it has been registered. This is why it’s so important to set up your LPAs well in advance, while you have full mental capacity. If you wait until a crisis occurs, it may already be too late — and your family will face the far more expensive and time-consuming deputyship process through the Court of Protection instead.

Once registered, provide certified copies of the LPA to your bank, building society, financial adviser, and any other relevant institutions. This ensures they have the document on file and can recognise your attorneys’ authority when needed.

How Power of Attorney Works

To get the most from a Power of Attorney, it’s important to understand exactly how it works in practice — what your attorneys can and cannot do, when their powers kick in, and what limits apply.

Scope of Authority

The scope of authority granted to your attorneys depends on which type of LPA you’ve created and any specific instructions or preferences you’ve included in the document:

• Property and Financial Affairs LPA — your attorneys can manage your bank accounts, pay your bills, collect your income (including pensions and benefits), deal with HMRC on your behalf, buy or sell property, manage investments, and handle your tax affairs. You can include instructions that restrict certain powers — for example, requiring both attorneys to agree before selling your home.
• Health and Welfare LPA — your attorneys can make decisions about your daily care, medical treatment, where you live, and your diet and routine. If you’ve specifically authorised it in the LPA, they can also make decisions about life-sustaining treatment. Without this specific authority, they cannot.

Duration and Termination

An LPA remains in effect until it is terminated. Termination can occur in several ways:

1. Revocation by the donor: You can revoke your LPA at any time, provided you still have the mental capacity to do so. This requires notifying the OPG and your attorneys.
2. Death of the donor: An LPA automatically ceases on the donor’s death. After death, the executors named in your will (or administrators under the intestacy rules) take over responsibility for your estate.
3. Death, bankruptcy, or disclaimer by the attorney: If your sole attorney dies, becomes bankrupt (for a financial LPA), or formally disclaims the role, the LPA can no longer be used — unless you have appointed replacement attorneys.
4. Court of Protection order: The Court of Protection can revoke an LPA if there is evidence of abuse, fraud, or the attorney failing to act in the donor’s best interests.
5. Divorce or dissolution of civil partnership: If your attorney is your spouse or civil partner and you divorce or dissolve the civil partnership, they are automatically removed as your attorney — unless you specified in the LPA that they should continue to act in that situation. This catches many people out, so it’s worth reviewing your LPA if your relationship status changes.

Conditions and Limitations

There are several important conditions and limitations that apply to all LPAs:

• Best interests principle: Under the Mental Capacity Act 2005, attorneys must always act in the donor’s best interests. This is not optional — it’s a legal obligation enforceable by the Court of Protection.
• The donor’s wishes: Attorneys should consider any written preferences or instructions included in the LPA, as well as the donor’s past and present wishes, values, and beliefs.
• Cannot benefit themselves: Attorneys must not use their position to benefit themselves financially unless the LPA specifically authorises it (for example, reimbursement of reasonable expenses).
• Cannot make a will: An attorney under an LPA cannot make or change the donor’s will. Only the Court of Protection can authorise a statutory will on the donor’s behalf.
• Cannot make gifts beyond strict limits: Attorneys can only make customary gifts (birthdays, Christmas, weddings and similar occasions) that are reasonable in value relative to the donor’s estate. Anything beyond this requires Court of Protection approval.
• Health and Welfare LPA limitations: This type can only be used once the donor lacks capacity to make the specific decision in question — not before.

Understanding these aspects is essential for both donors and attorneys. An LPA is a powerful document, and with that power comes significant legal responsibility.

Legal Responsibilities of an Attorney

Being appointed as an attorney under an LPA is not simply a gesture of trust — it carries serious legal responsibilities under the Mental Capacity Act 2005. An attorney who fails to meet these obligations can face investigation by the OPG, removal by the Court of Protection, and in cases of fraud or abuse, criminal prosecution.

Fiduciary Duty Explained

The cornerstone of an attorney’s legal responsibility is the duty to act in the donor’s best interests. This is not a vague concept — the Mental Capacity Act 2005 sets out a detailed “best interests” checklist that attorneys must follow. This includes considering the donor’s past and present wishes, their beliefs and values, and any other factors the donor would consider if they had capacity.

An attorney must also encourage the donor to participate in decisions as far as possible. Just because someone has an LPA registered doesn’t mean the attorney should take over everything — the donor should be supported to make their own decisions wherever they can. This principle of “least restrictive intervention” is fundamental to how the Mental Capacity Act works.

Record Keeping Obligations

Attorneys have a legal obligation to keep the donor’s money and property separate from their own and to maintain clear, accurate records. The OPG recommends that attorneys keep detailed records including:

• A running account of all financial transactions — money received, spent, and invested on the donor’s behalf
• Records of all decisions made, including the reasoning and what factors were considered
• Receipts, bank statements, and documentation supporting all transactions
• Records of any gifts made (attorneys can only make gifts within very strict limits — customary gifts on birthdays or seasonal occasions, proportionate to the donor’s estate)

Good record-keeping is not just best practice — it’s your protection as an attorney. If your decisions are ever questioned by family members or the OPG, clear records demonstrating that you acted in the donor’s best interests are your strongest defence.

Conflict of Interest

An attorney must avoid conflicts of interest and must not put themselves in a position where their personal interests conflict with those of the donor. Common examples of conflicts include:

1. An attorney selling the donor’s property to themselves or a family member at below market value
2. Using the donor’s money to pay their own debts or expenses
3. Making investment decisions that benefit the attorney rather than the donor

If a conflict of interest arises, the attorney should seek independent legal advice before proceeding. In serious cases, the OPG can investigate and the Court of Protection can remove the attorney, appoint a deputy in their place, and order the attorney to repay any losses caused by their actions.

By understanding and taking these responsibilities seriously, an attorney can properly fulfil their role and ensure the donor’s rights, finances, and welfare are protected. This is why choosing the right attorney — someone who is not only trustworthy but also organised, diligent, and willing to be held accountable — is so important.

Differences Between Enduring and Lasting Power of Attorney

If you’re reviewing older estate planning documents, you may come across an Enduring Power of Attorney (EPA). Understanding the differences between an EPA and the modern Lasting Power of Attorney (LPA) is important for deciding whether your existing arrangements still provide adequate protection.

Key Features

The Enduring Power of Attorney (EPA) was created under the Enduring Powers of Attorney Act 1985 and was the standard form of lasting authority before the Mental Capacity Act 2005 came into force. The EPA has several important limitations compared to the modern LPA:

An EPA covers property and financial affairs only. It cannot be used for health and welfare decisions — so if you only have an EPA, nobody has legal authority to make medical decisions on your behalf if you lose capacity. The LPA, by contrast, comes in two forms: one for Property and Financial Affairs, and one for Health and Welfare, providing comprehensive coverage across all areas of your life.

Activation of Powers

The activation process differs significantly between the two. An EPA can be used before registration — meaning the attorney can act on financial matters while the donor still has capacity, without needing to register the EPA first. Registration only becomes necessary when the donor is losing or has lost mental capacity, at which point the attorney must apply to the OPG and notify the donor and their close relatives.

An LPA, by contrast, must be registered with the OPG before it can be used at all — even while the donor has full capacity. This requirement adds an important safeguard, as the OPG checks the document for validity during registration. For a Property and Financial Affairs LPA, once registered, it can be used immediately (with the donor’s permission) or held in reserve until capacity is lost. A Health and Welfare LPA can only be used once the donor lacks capacity for the specific decision in question.

Revocation Processes

Both an EPA and an LPA can be revoked by the donor, provided they still have mental capacity to make that decision. For an EPA, the donor must notify the attorney in writing and, if the EPA has been registered, also notify the OPG.

For an LPA, revocation requires the donor to complete a formal “deed of revocation,” notify the attorneys, and send the original LPA and the revocation to the OPG. The Court of Protection also has the power to revoke an LPA if there are concerns about the attorney’s conduct or the validity of the document — a safeguard that provides important protection for vulnerable donors.

If you currently have an EPA, it’s worth considering whether it still meets your needs. Many people with old EPAs choose to create new LPAs — particularly a Health and Welfare LPA, which the EPA system never covered — to ensure they have comprehensive protection in place.

When to Consider a Power of Attorney

The honest answer to “when should I set up an LPA?” is simple: now. You need an LPA while you still have the mental capacity to create one. By the time you need it, it’s too late to make one. This catches many families out — they assume they can sort it out when the need arises, but by then, the donor often lacks the capacity to sign, and the family faces a costly, stressful deputyship application instead.

Ageing and Health Considerations

As we age, the risk of cognitive decline increases. Conditions such as dementia, stroke, or brain injury can remove our ability to manage our own affairs with little or no warning. Around 900,000 people in the UK currently live with dementia, and that number is rising. A Lasting Power of Attorney ensures that a trusted person can step in immediately — managing finances, liaising with care providers, and making health decisions — without the months of delay and expense that a Court of Protection application would require.

For those with long-term health conditions, an LPA is particularly important. Even conditions that don’t currently affect capacity (such as Parkinson’s disease, multiple sclerosis, or early-stage memory concerns) may do so in the future. Planning ahead while you have full capacity is the responsible course of action.

Emergency Situations

Life is unpredictable. A serious car accident, a sudden stroke, or an unexpected illness can leave you unable to manage your own affairs overnight. Without an LPA in place, your spouse or partner cannot access your sole-name bank accounts, sell your property, or make decisions about your medical care — even though they may be the person you would most want to do so. They would need to apply to the Court of Protection for a deputyship order, a process that typically takes months and costs significantly more than an LPA.

Having registered LPAs in place before an emergency means your attorneys can act immediately — paying your mortgage, managing your bills, and making healthcare decisions without any delay or court involvement.

Business Decisions

For business owners and company directors, an LPA is essential for continuity. If you lose capacity without an LPA, your business could be left in limbo — contracts unsigned, staff unpaid, opportunities missed. A Property and Financial Affairs LPA can authorise your attorney to manage your business interests, sign documents, and make operational decisions to keep things running.

The message is clear: don’t wait for a crisis. Setting up your LPAs now, while you have full capacity, is one of the most important things you can do for yourself and your family. As Mike Pugh often says — plan, don’t panic.

Revoking a Power of Attorney

Circumstances change, and there may come a time when you need to revoke a Power of Attorney. Perhaps your relationship with your attorney has broken down, their circumstances have changed, or you simply want to appoint someone else. Whatever the reason, you have the right to revoke your LPA — provided you still have the mental capacity to do so.

Legal Process for Revocation

To revoke a Lasting Power of Attorney, you must:

• Complete a written “deed of revocation” — this should clearly state your full name, that you are revoking the LPA, and the date
• Sign the deed of revocation in the presence of a witness, who must also sign
• Notify your attorneys in writing that the LPA has been revoked
• Send the original registered LPA document and the deed of revocation to the Office of the Public Guardian, who will cancel the registration
• Notify any third parties who hold copies of the LPA — banks, building societies, care providers, solicitors — so they know the document is no longer valid

It’s essential that all relevant parties are informed promptly. If a bank still has an active copy of a revoked LPA on file, your former attorney could potentially continue to access your accounts.

Impact on the Attorney

Once a Power of Attorney is revoked, the attorney’s authority to act on the donor’s behalf ceases completely. The attorney must:

• Stop making any decisions on behalf of the donor immediately
• Return all documents, bank cards, and property belonging to the donor
• Provide a final account of all actions taken and transactions made while acting as attorney

If the attorney continues to act after being notified of the revocation, they could face legal action — including being required to repay any money they spend from the donor’s accounts after the revocation date.

Necessary Documentation

The documentation required for revoking an LPA includes:

1. A written deed of revocation, signed by the donor and witnessed
2. The original registered LPA document (to be sent to the OPG for cancellation)
3. Written notification letters to each attorney and any relevant third parties

It’s advisable to seek guidance from a solicitor or specialist legal practice to ensure the revocation is handled correctly and all necessary steps are completed. An incorrectly executed revocation could leave you in a situation where you think the LPA is cancelled, but the OPG still has it on record as active.

Key Consideration: If you revoke your LPA, consider whether you need to create a new one to replace it. Being left without any LPA means that if you later lose capacity, your family will have no legal authority to manage your affairs and will need to apply to the Court of Protection — which is exactly the situation an LPA is designed to prevent.

Choosing the Right Attorney

Choosing who to appoint as your attorney is arguably the most important decision in the entire LPA process. This person will have the legal authority to manage your finances, sell your property, or make decisions about your medical treatment. It’s not a decision to take lightly — and it’s not a decision that should be made based on obligation alone.

Qualities to Look For

When choosing the right attorney, focus on practical qualities rather than simply family hierarchy. The eldest child is not always the best choice. Your attorney should be:

• Trustworthy and honest — this is non-negotiable. They will have access to your money and your most personal decisions
• Organised and reliable — they’ll need to keep records, manage paperwork, and deal with institutions on your behalf
• Available and willing — an attorney who lives abroad or has significant commitments of their own may struggle to fulfil the role effectively
• Able to make difficult decisions — particularly for a Health and Welfare LPA, your attorney may face emotionally challenging choices about your care and treatment
• Respectful of your wishes — even when they might personally disagree

For a more detailed explanation of what a Lasting Power of Attorney involves, you can visit our page on what Power of Attorney means in the UK.

Discussing Your Wishes

Once you’ve identified a potential attorney, have a frank, detailed conversation about your wishes and expectations. Don’t assume they know what you’d want — spell it out. This conversation should cover:

Consider putting your wishes in writing as a “letter of wishes” alongside your LPA. While not legally binding, it gives your attorneys clear guidance on what you would want in specific situations — and can help prevent family disagreements later.

Considering Professional Help

In some cases, appointing a professional attorney — such as a solicitor — may be the most appropriate option. This is particularly worth considering if you have no suitable family members or friends, if family dynamics are complicated (for example, blended families with potential conflicts), or if your affairs are particularly complex.

Professional attorneys charge for their services, so there is an ongoing cost — but in situations where appointing a family member could lead to disputes or where specialist financial knowledge is needed, the cost may be well worthwhile. You can also appoint a professional attorney to act alongside a family member, combining personal knowledge with professional expertise.

Ultimately, choosing the right attorney comes down to a simple question: if you woke up tomorrow unable to speak or make decisions, who would you want in charge? That’s the person you should appoint — and you should do it while you still can.

Potential Risks and Challenges

While a Lasting Power of Attorney is an essential planning tool, it’s important to be realistic about the potential risks and challenges. An LPA gives someone significant power over your life and finances, and unfortunately, that power can sometimes be misused.

Misuse of Authority

Financial abuse by attorneys is a real and growing concern. The Office of the Public Guardian investigates thousands of cases each year where attorneys are suspected of acting improperly. Common forms of misuse include:

• Using the donor’s money for personal expenses — holidays, home improvements, gifts to themselves or others
• Making decisions without considering the donor’s wishes or best interests
• Mixing the donor’s finances with their own, making it impossible to track spending
• Selling the donor’s property at undervalue or for the attorney’s benefit

The safeguards under the Mental Capacity Act 2005 are there for a reason — but they only work if someone raises concerns. If you suspect an attorney is acting improperly, you can report it to the OPG, who have the power to investigate and apply to the Court of Protection for the attorney’s removal.

Family Disputes

Family disputes are one of the most common challenges with LPAs. Siblings may disagree about who should be appointed as attorney, or they may question the decisions an attorney makes — particularly around care arrangements or spending money on the donor’s behalf.

To reduce the risk of disputes:

1. Discuss your decision with your wider family before registering the LPA — explain your reasoning and give them the opportunity to ask questions
2. Consider appointing more than one attorney to act jointly and severally, so that no single person has unchecked authority
3. Include clear preferences and instructions in your LPA, and write a detailed letter of wishes — the more guidance you give, the less room there is for disagreement

Legal Consequences

If an attorney misuses their authority, the consequences can be serious. The Court of Protection can remove the attorney, order them to repay losses, and in severe cases, refer the matter to the police for criminal prosecution — potentially for fraud, theft, or abuse of a vulnerable person.

To minimise risks:

• Choose your attorney with care — trustworthiness matters more than convenience
• Consider appointing a second attorney to provide oversight and accountability
• Ask a trusted family member or friend to keep an informal eye on how the LPA is being used
• Review your LPA arrangements periodically — circumstances change, and the right attorney today may not be the right choice in ten years

Power of Attorney and Healthcare Decisions

A Lasting Power of Attorney for Health and Welfare is one of the most important documents you can have — because it determines who makes decisions about your medical care, your living arrangements, and your daily welfare when you can no longer decide for yourself.

Medical Power of Attorney Explained

In England and Wales, the correct term is a Lasting Power of Attorney for Health and Welfare. This document allows you to appoint one or more trusted people to make healthcare and personal welfare decisions on your behalf, but only when you lack the capacity to make the specific decision in question.

Your health and welfare attorneys can make decisions about your medical treatment (including consenting to or refusing treatment), your care arrangements (home care, residential care, or nursing care), where you live, your daily routine, and your personal care. Crucially, you can also give your attorneys the authority to make decisions about life-sustaining treatment — but only if you specifically tick this option in the LPA form. Without this authority, life-sustaining treatment decisions will be made by your medical team in consultation with your family, but your family will have no legal right to override the clinicians.

Importance of Advance Decisions

An advance decision to refuse treatment (ADRT) is a separate legal document that allows you to specify particular medical treatments you would refuse in certain circumstances, even if refusing them would result in your death. An ADRT is legally binding on your medical team, provided it is valid and applicable to the situation. For an ADRT that refuses life-sustaining treatment, it must be in writing, signed, witnessed, and include a specific statement that it applies even if your life is at risk.

An ADRT works alongside a Health and Welfare LPA but serves a different purpose. The LPA gives someone else authority to make decisions; the ADRT records the decisions you’ve already made yourself. If there is a conflict between the two, the most recently made document generally takes precedence, though legal advice should be sought in complex situations. Having both in place gives you the most comprehensive protection, covering both the decisions you’ve already made and the unpredictable situations where someone else will need to decide on your behalf.

Legal Considerations in Healthcare

A Health and Welfare LPA must be registered with the Office of the Public Guardian before it can be used. Registration should be completed well in advance — don’t leave it until a health crisis forces the issue. For more detailed information on this type of LPA, you can visit our guide on Lasting Power of Attorney for Health and Welfare.

Healthcare professionals are legally required to check that an LPA is registered and valid before accepting an attorney’s authority. They must also be satisfied that the donor lacks capacity for the specific decision in question — it’s not an all-or-nothing assessment. A donor might lack capacity to decide about a complex surgical procedure but retain capacity to decide about their daily care routine. Your attorneys should always support you to make your own decisions wherever possible, and only step in when you genuinely cannot.

How an LPA Fits Into Your Wider Estate Plan

An LPA is a crucial part of your estate plan, but it’s only one piece of the puzzle. To truly protect yourself and your family, your LPA should work alongside other planning tools — particularly a properly drafted will and, where appropriate, a lifetime trust. Together, these documents cover you during your lifetime (LPA), protect your assets for your family (lifetime trust), and ensure your wishes are carried out after death (will).

For example, if your home is held in a lifetime trust such as a Family Home Protection Trust, your LPA attorneys and the trustees of the trust may need to work together — particularly if decisions need to be made about the property while you’re alive but lack capacity. Ensuring your LPA, trust, and will are all drafted by the same specialist practice means they work together seamlessly rather than creating conflicts.

If you’d like to understand how these elements fit together for your specific situation, you can book a free consultation with our team.

Seeking Legal Advice

Setting up an LPA correctly is important — errors in the forms, signatures in the wrong order, or missing information can result in the OPG rejecting your application, causing delays and additional costs. Seeking professional guidance helps ensure everything is done right first time.

Consulting a Solicitor

While it is possible to create an LPA yourself using the government’s online service, consulting a solicitor or specialist legal practice is advisable — particularly if you have complex family dynamics, significant assets, or specific wishes about how your attorneys should act. A legal professional can advise on how to structure your LPA, whether to appoint attorneys jointly or jointly and severally, and how to draft effective preferences and instructions. As Mike Pugh often says, the law — like medicine — is broad, and you wouldn’t want your GP doing surgery. The same principle applies here: a specialist in estate planning will spot issues that a general adviser might miss.

Understanding the Costs

The costs of creating an LPA include the OPG registration fee per document, plus any professional fees if you use a solicitor or specialist legal practice. Costs vary depending on the complexity of your situation and who you instruct — but when you consider that a deputyship application through the Court of Protection costs significantly more (both upfront and in ongoing annual supervision fees), an LPA represents excellent value. Fee exemptions and remissions on the OPG registration fee are available for those on low incomes or certain benefits.

Further Resources

For further information on creating and managing Lasting Powers of Attorney, useful resources include the Office of the Public Guardian (OPG), the government’s GOV.UK website (which provides the official LPA forms and guidance), and Citizens Advice. You can also explore the resources available on our website, including our free consultation service, where we can help you understand how an LPA fits into your wider estate plan alongside lifetime trusts, wills, and other protective measures.

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