--- title: "Lasting power of attorney" description: "An LPA lets people you trust act while you are alive but lack capacity. A will only acts after death. Most adults need both." url: "https://swiftwill.co.uk/lasting-power-of-attorney/" author: "Marcus Kaiser" date_modified: "2026-08-12" --- # Lasting power of attorney A lasting power of attorney (LPA) is a legal document that lets people you trust make decisions for you while you are alive but unable to — covering money and property, or health and care. A will only takes effect after death, so most adults need both. > SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information. ## Does a will replace a lasting power of attorney? A will only speaks after you die: your [executors](/what-is-an-executor/) collect your assets, pay what is owed and distribute the rest as you directed. A lasting power of attorney works the other way around — it operates while you are alive but cannot make decisions yourself, after a stroke, dementia or a serious accident, for example. Without one, nobody — not even your spouse — has automatic authority to pay your bills, access your accounts or decide on your care. That is why most adults need both documents, not one or the other. ## What are the two types of lasting power of attorney? - **Property and Financial Affairs LPA** — covers bank accounts, bills, pensions, benefits and selling your home. It can be used as soon as it is registered, with your permission, which makes it useful even during a temporary stay in hospital. - **Health and Welfare LPA** — covers medical treatment, care arrangements, where you live and, if you choose, life-sustaining treatment. Unlike the financial LPA, it can only be used once you have lost the capacity to decide for yourself. You can make either or both. Most people make both, usually naming the same attorneys for simplicity. ## How much does an LPA cost? Registering an LPA with the Office of the Public Guardian costs **£92 per LPA**, so £184 for both types. If the donor's income is under £12,000 a year you can apply for a 50% reduction, and donors on qualifying means-tested benefits may be fully exempt — form LPA120 covers both. Those are the full government fees; a solicitor will charge extra if you use one. ## How do you make a lasting power of attorney? 1. Choose your attorneys — anyone aged 18 or over with mental capacity, plus replacements in case your first choices cannot act. 2. Complete the forms using the free [gov.uk lasting power of attorney service](https://www.gov.uk/power-of-attorney) , then print and sign them in the exact order required. 3. Send the forms to the Office of the Public Guardian and wait — registration currently takes around 8-12 weeks. Two rules catch people out. You must have mental capacity *when you make the LPA* — leave it too late and the option is gone. And the signatures must happen in a strict order, or the forms are rejected and the clock restarts. For straightforward situations the free government service is genuinely all you need; for complex finances, blended families or business interests, pay a solicitor. SwiftWill does not sell LPAs, so this recommendation is disinterested — our guide to [whether you need a solicitor](/do-i-need-a-solicitor-for-a-will/) applies the same honest test. ## What happens if you have no LPA? If you lose capacity with no LPA in place, your family must apply to the Court of Protection for deputyship — a process that typically costs **£3,000 or more** spread over several years and takes months before anyone is allowed to act. Meanwhile, direct debits, care fees and house sales all wait. An LPA costing £92 is the same kind of decision as a will: a small, one-off task that spares the people you love an expensive ordeal. (A will costs less still — see [what a will costs](/will-cost/).) ## Frequently asked questions ### What is the difference between an LPA and a will? Timing. An LPA works while you are alive: if illness or injury leaves you unable to make decisions, your attorneys step in. A will only takes effect after you die. One does not replace the other — most adults need both. ### How much does an LPA cost? Registration with the Office of the Public Guardian costs £92 per LPA, so £184 for both types. If your income is under £12,000 a year you can apply for a 50% reduction, and if you receive certain means-tested benefits you may pay nothing — form LPA120 covers both. Solicitors charge extra if you use one. ### Who can be an attorney? Anyone 18 or over with mental capacity — usually a spouse, adult child or close friend. For a property and financial affairs LPA, an attorney must not be bankrupt. Choose people you trust completely, and name replacements in case your first choices cannot act. ### How long does LPA registration take? Around 8-12 weeks at the Office of the Public Guardian, assuming no mistakes in the forms — errors are the most common cause of delay. Start well before you think you need it: you must have mental capacity at the point you make the LPA. ### Can I make an LPA online? Yes — the free gov.uk service walks you through creating an LPA, then you print, sign in the required order, and post it for registration. For straightforward situations it is all most people need. For complex finances, family conflict or business interests, a solicitor is worth the fee. ### What happens if I have no LPA and lose capacity? Your family cannot simply take over — not even your spouse. They would need to apply to the Court of Protection for deputyship, which typically costs £3,000 or more spread over a few years and takes months to arrange, while bills and accounts sit frozen. Canonical HTML: https://swiftwill.co.uk/lasting-power-of-attorney/ Markdown: https://swiftwill.co.uk/lasting-power-of-attorney.md Last modified: 2026-08-12 Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)