Lasting powers of attorney: the two types and why you need both
A lasting power of attorney lets people you choose make decisions for you if you cannot make them yourself. It has to be made while you still have mental capacity, and without one your family may need to apply to the Court of Protection.
By Robert Festenstein, Head of Legal
Updated 26 October 2026
5 min read
Key takeaways
- There are two types: one for property and financial affairs, and one for health and welfare.
- An LPA must be registered with the Office of the Public Guardian before it can be used.
- A financial LPA can be used while you still have capacity, if you allow it. A health and welfare LPA can only be used once you lack capacity.
- Without a financial LPA, your family may need to apply to the Court of Protection to be appointed as your deputy, which is slower and more expensive.
The two types
- Property and financial affairs. Covers bank accounts, investments, paying bills, dealing with HMRC and selling your home. You can allow your attorneys to use it as soon as it is registered, which helps if you are abroad or in hospital, or restrict it to when you lack capacity.
- Health and welfare. Covers medical treatment, care arrangements and where you live. It can only be used when you lack capacity to make the decision yourself. You decide whether your attorneys can give or refuse consent to life-sustaining treatment.
Most people make both. A spouse or partner does not have automatic authority to deal with your finances or medical treatment.
Choosing attorneys
Attorneys must be 18 or over, and a financial attorney cannot be bankrupt. Most people choose a spouse, partner, adult children or close friends, and some appoint a professional for the financial LPA. You can appoint more than one and say whether they must act together on every decision, can act independently, or must act together on some decisions only. Appointing replacement attorneys means the LPA still works if one attorney dies or cannot act.
Attorneys must act in your best interests, keep your money separate from their own and keep records. You can include preferences and instructions, such as how investments should be managed or whether your home should be kept for as long as possible.
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Making and registering an LPA
An LPA is made on the official forms, online or on paper. As well as you and your attorneys, a certificate provider must sign to confirm you understand the LPA and are not under pressure. The certificate provider must be someone who has known you for at least two years, or a professional such as a doctor or solicitor.
The LPA must then be registered with the Office of the Public Guardian before it can be used. Registration takes several weeks and a fee is payable, with reductions for people on low incomes. Registering straight away, rather than when it is needed, avoids delay at the time your family most needs to act.
The Powers of Attorney Act 2023 will move the process to a digital service with identity checks once it comes into force. Until then, the process above applies.
If there is no LPA
If you lose capacity without an LPA, banks will usually freeze accounts in your sole name, and jointly owned property cannot be sold without your signature. A family member must apply to the Court of Protection to become your deputy for property and financial affairs. The process takes months, costs more, and the deputy must report to the Office of the Public Guardian each year and may need to buy insurance. The court rarely appoints a deputy for health and welfare, so those decisions are made by doctors and care providers in your best interests.
An enduring power of attorney made before 1 October 2007 remains valid for financial decisions, but must be registered once you start to lose capacity, and does not cover health and welfare.
We prepare LPAs at the same time as wills, so the people and instructions fit together, and our accountants can work directly with your financial attorneys if needed.
Frequently asked questions
What is the difference between the two types of LPA?
A property and financial affairs LPA covers money and property. A health and welfare LPA covers medical treatment, care and where you live, and can only be used when you lack capacity.
Can my spouse manage my finances without an LPA?
Not for accounts or assets in your sole name. Without an LPA, they would usually need to apply to the Court of Protection to become your deputy.
When should I make an LPA?
While you have mental capacity. Many people make one at the same time as their will.
How long does it take to register an LPA?
Several weeks. The LPA cannot be used until the Office of the Public Guardian has registered it.
Sources & further reading
This article is general information, not advice. Tax, financial and legal rules change and their effect depends on your circumstances. Check the current position and take professional advice before acting. Last reviewed 26 October 2026. Totus One Limited (company no. 16855798).
A solicitor who has led his own SRA-regulated practice for over two decades, specialising in disputes and insolvency.
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