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Lasting power of attorney: a plain-English guide for families

What a lasting power of attorney is, the two types, what it costs to register in 2026, and why it's worth sorting out before care is needed.

By Hedgerow HomecarePublished Updated 8 min read
An older couple talking through paperwork with an adviser at a table

Many families only start thinking about a lasting power of attorney (LPA) in a crisis, such as after a stroke, a fall or a dementia diagnosis. By then it can be harder, or too late, to put one in place. This guide explains what an LPA is, how to make one in England and Wales, and why it makes arranging care much smoother.

What is a lasting power of attorney?

An LPA is a legal document that lets someone (the donor) choose one or more people they trust (their attorneys) to make decisions on their behalf. It has to be registered with the Office of the Public Guardian (OPG) before it can be used. The official guidance is at gov.uk/power-of-attorney.

The two types of LPA

TypeWhat it coversWhen it can be used
Property and financial affairsBank accounts, paying bills and care invoices, collecting pensions and benefits, selling a homeOnce registered, with the donor's permission, even while they can still make their own decisions
Health and welfareDaily routine, medical care, care at home or moving into a care home, and life-sustaining treatment if the donor choosesOnly when the donor can no longer make the decision themselves

Why it matters when care is involved

  • Paying for care. Without a property and financial affairs LPA, family members may not be able to access accounts to pay bills or care invoices.
  • Decisions about care. A health and welfare attorney can help decide what care is right when the person can't decide for themselves.
  • Avoiding court. Without an LPA, families may have to apply to the Court of Protection to become a deputy. That is usually slower and more expensive.
  • Clarity for everyone. Care providers, GPs and hospitals know who to speak to.

How to make an LPA

  1. 1Choose your attorneysPick people you trust, and talk to them about your wishes first.
  2. 2Fill in the formsUse the free online service on GOV.UK, or paper forms.
  3. 3Certificate providerAn independent person confirms you understand the LPA and aren't being pressured.
  4. 4Sign and registerEveryone signs in the right order, then the LPA is registered with the OPG.

How much does an LPA cost in 2026?

The OPG registration fee is £92 per LPA in England and Wales, so £184 if you make both types. You may pay half if your income is under £12,000, or nothing if you receive certain means-tested benefits. Solicitors and other services charge extra if you want help completing the forms. That is optional.

Choosing the right attorneys

  • Choose people who are trustworthy, organised and willing to take on the role.
  • You can appoint more than one attorney, and decide whether they must make decisions together (jointly) or can also act alone (jointly and severally).
  • Consider naming replacement attorneys in case someone can no longer act.
  • Write down your wishes and preferences, such as wanting to stay at home for as long as possible.

How an LPA fits with home care

When we arrange care, we'll ask whether an LPA is in place, so we know who can help with decisions if the person can't make them. We always involve the person receiving care as fully as possible, and attorneys must act in their best interests. If you're just starting out, our guide to arranging home care for an elderly parent covers the other steps.

Frequently asked questions

Can I set up a lasting power of attorney for my parent?

Only your parent can make their LPA, and they must have mental capacity when they do it. You can help them with the forms, but the decisions must be theirs.

What happens if someone loses capacity without an LPA?

Family members may need to apply to the Court of Protection to be appointed as a deputy, which is usually slower and more expensive than making an LPA.

How much does it cost to register an LPA in 2026?

The Office of the Public Guardian charges £92 per LPA in England and Wales, or £184 for both types. Reductions and exemptions are available for people on low incomes or certain benefits.

This guide is general information about care in England and isn't medical, legal or financial advice. Last reviewed 15 October 2026.

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