Does a will replace a lasting power of attorney?
A will only speaks after you die: your executors 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?
- Choose your attorneys — anyone aged 18 or over with mental capacity, plus replacements in case your first choices cannot act.
- Complete the forms using the free gov.uk lasting power of attorney service, then print and sign them in the exact order required.
- 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 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.)