The two types of LPA, how to set one up and register it with the Office of the Public Guardian, why they matter, and what happens — deputyship — if you have none.
There are two lasting powers of attorney in England and Wales. A property and financial affairs LPA lets your chosen attorneys manage your money, bills, bank accounts and property. A health and welfare LPA lets them make decisions about your care, medical treatment and where you live — but only once you lack the capacity to decide yourself.
You choose one or more attorneys you trust, complete the prescribed forms, and have the document signed in a set order by you, a certificate provider who confirms you understand it, your attorneys and witnesses. The order of signing matters: get it wrong and the LPA can be rejected.
An LPA only works once it is registered with the Office of the Public Guardian, which can take a number of weeks. Register it well before it is needed — you cannot register one after the person has lost capacity. The Powers of Attorney Act 2023 is bringing a fully digital, online LPA service, but that reform is still being rolled out, so check the current process before you start.
If you lose capacity without an LPA in place, your family cannot simply step in. They must apply to the Court of Protection to be appointed as a deputy, which is slower, more expensive and subject to ongoing supervision and fees. Setting up LPAs in advance avoids that whole process.
A health and welfare LPA can only be used once you lack the mental capacity to make the decision in question. A property and financial affairs LPA can, if you allow it, be used while you still have capacity — for example to help with banking — as well as after, provided it is registered.
It paves the way for fully digital LPAs and a new objection and registration process run by the Office of the Public Guardian, but these changes depend on further regulations and are being phased in rather than fully live everywhere. The paper process still works, so confirm the current position before applying. The Counsel provides information on this, not advice.
Yes — while you still have mental capacity you can revoke an LPA by completing a formal deed of revocation and notifying the Office of the Public Guardian and your attorneys. You can also make a new LPA. Once you have lost capacity, an LPA generally cannot be changed.
The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.
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