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Lasting Power of Attorney: Types, Costs and Process

Explore health and welfare and property and financial affairs LPAs in England and Wales.

Good to know: This guide is general information, primarily about England and Wales. Legal rules differ in Scotland and Northern Ireland. Moneykind helps people make enquiries and connect with relevant professionals; it does not provide legal advice.

What is a lasting power of attorney?

An LPA is a legal document allowing chosen attorneys to make certain decisions for you. In England and Wales there are two types: property and financial affairs, and health and welfare.

How the two types differ

A property and financial affairs LPA can cover money and property decisions, subject to its terms. A health and welfare LPA covers certain care and treatment decisions and can generally only be used when you lack capacity for the relevant decision.

Registration matters

An LPA must be registered with the Office of the Public Guardian before use. Registration takes time, so arranging one early can be helpful.

Choosing attorneys

Consider trustworthiness, ability to act, whether attorneys should act jointly or jointly and severally, and replacement attorneys.

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Common questions

Can I make an LPA after losing mental capacity?

You must have capacity to create an LPA. If someone has already lost capacity, a different legal route such as a deputyship application may be needed.

Does an LPA replace a will?

No. An LPA deals with decisions during your lifetime; a will deals with your estate after death.

Reviewed for general clarity: October 2026. This is not personalised legal or tax advice. Check current rules with an appropriately qualified professional.

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