What is a Lasting Power of Attorney (LPA) and Do I Need One? UK Guide 2025
A Will deals with your assets after you die, but who makes decisions for you while you are alive if you lose the capacity to do so? This is where a **Lasting Power of Attorney (LPA)** becomes essential. An LPA is a legal document that allows you to appoint one or more people (known as ‘Attorneys’) to make decisions on your behalf [1].
The Two Types of Lasting Power of Attorney (LPA)
In the UK, there are two distinct types of LPA, and it is highly recommended to have both:
| LPA Type | Decisions Covered | When it Can Be Used |
|---|---|---|
| Property and Financial Affairs LPA | Managing bank accounts, paying bills, collecting benefits, and selling property. | Can be used as soon as it is registered, with your permission, or when you lose mental capacity. |
| Health and Welfare LPA | Decisions about medical treatment, where you live, and your daily care. | Only when you have lost the mental capacity to make those decisions yourself. |
Why a Lasting Power of Attorney (LPA) is More Important Than You Think
Many people assume their spouse or next-of-kin can automatically make decisions for them if they become ill or injured. This is a dangerous misconception. Without a registered **Lasting Power of Attorney (LPA)**, your family would have to apply to the Court of Protection for a Deputyship Order, a process that is:
- **Expensive:** Costs significantly more than setting up an LPA.
- **Time-Consuming:** Can take many months, leaving your finances and care in limbo.
- **Inflexible:** The Deputy appointed by the court may not be the person you would have chosen.
Key Steps and Costs for Setting Up an LPA in 2025
Setting up an LPA involves three main stages:
- Drafting: Preparing the legal documents with a professional Will Writer or Solicitor.
- Signing: The donor (you), the attorneys, and a certificate provider (who confirms you understand the document) must sign the forms.
- Registration: The LPA must be registered with the Office of the Public Guardian (OPG) to be legally valid.
OPG Registration Fee Update 2025: As of November 17, 2025, the fee for registering each LPA has increased from £82 to **£92** [2]. If you are setting up both types of LPA, the total OPG fee would be £184, in addition to any professional drafting fees.
Disclaimer: This article provides general information and should not be considered legal advice. The law surrounding LPAs is complex, and professional advice should always be sought to ensure your document is legally sound and tailored to your unique circumstances.
References:
[1] Gov.uk. Make, register or end a lasting power of attorney. View Official Guide
[2] Gov.uk. Changes to lasting power of attorney fees: 2025. View Fee Update News