Lasting Power of Attorney in England and Wales (2026/27): LPA vs Ordinary Power vs Deputyship
Lasting Power of Attorney 2026/27 (England and Wales): the two LPA types, the £92 OPG fee, attorneys, registration and deputyship costs.
The two types of LPA
Property and financial affairs LPA
When it can be used: Can be used as soon as it is registered, with your permission
Covers: Bank and building society accounts, paying bills, collecting benefits or a pension, selling your home
Health and welfare LPA
When it can be used: Can only be used when you are unable to make your own decisions
Covers: Daily routine, medical care, moving into a care home, life-sustaining treatment
Registration costs £92 per LPA, £184 for both. You can apply for a reduction if you earn less than £12,000, or an exemption if you get certain benefits. You can make an LPA online or on paper forms, but everyone signs the same original printed document (GOV.UK).
Why make one before you need it
- You need capacity to make it - if an accident or illness takes your capacity first, you cannot make one, and your family would have to apply for deputyship.
- Registration takes time - 8 to 10 weeks if there are no mistakes.
- You choose who decides - and how they decide, which can head off disagreements later.
- Money keeps moving - a registered property and financial affairs LPA lets attorneys pay bills and manage accounts without going to court.
- Your wishes on care and treatment - a health and welfare LPA puts those decisions with people you trust.
- Cheaper than deputyship - £184 for both LPAs, against a £432 court application, a £100 assessment fee and an annual supervision fee of up to £320 for a deputy (GOV.UK - Become a deputy).
Choosing attorneys and how they decide
- One or more attorneys - aged 18 or over, with mental capacity.
- How they decide: "jointly" (all must agree, or the decision cannot be made); "jointly and severally" (any of them can act alone); or jointly for some decisions and jointly and severally for others.
- Replacement attorneys - step in if an attorney can no longer act. If your only attorney dies and there is no replacement, the LPA ends; if attorneys had to act jointly and one dies, the OPG cancels it.
- Who not to appoint - for a property and financial affairs LPA, not someone who is bankrupt or subject to a Debt Relief Order.
- What to think about - GOV.UK suggests considering how well they manage their own affairs, how well you know them, whether you trust them to act in your best interests, and whether they are willing.
- Instructions and preferences - the LPA form lets you add instructions your attorneys must follow and preferences for them to take into account.
Related guides
- UK Probate + IHT400 Process 2026/27 - administering an estate after death.
- UK Inheritance Tax Rules - estate planning context.
- UK Joint vs Separate Accounts Marriage 2026/27 - spouse + cohabitant rights.
- UK Pension Drawdown Strategies 2026/27 - decisions an attorney may need to make.
Frequently asked questions
What is the difference between an LPA and an ordinary power of attorney?
An ordinary (general) power of attorney lets someone act for you while you still have mental capacity, for example while you are abroad, and stops if you lose capacity. A lasting power of attorney is made under the Mental Capacity Act 2005 and registered with the Office of the Public Guardian (OPG), and it keeps working if you lose capacity. You must be 18 or over and have mental capacity when you make an LPA. An LPA made in England and Wales is legally binding only there; Scotland and Northern Ireland have their own powers of attorney.
What is the difference between the two types of LPA?
A property and financial affairs LPA covers things like managing bank accounts, paying bills, collecting benefits or a pension and selling your home; it can be used as soon as it is registered, with your permission. A health and welfare LPA covers your daily routine, medical care, moving into a care home and life-sustaining treatment, and can only be used when you cannot make your own decisions. You can make one or both. Registration costs £92 each, £184 for both. You can apply for a reduction if you earn less than £12,000, and may be exempt if you get certain benefits.
Who can be an attorney?
Anyone aged 18 or over with mental capacity, such as a relative, friend, partner or a professional such as a solicitor. They do not need to live in the UK. For a property and financial affairs LPA you cannot appoint someone who is bankrupt or subject to a Debt Relief Order. If you appoint more than one attorney you choose whether they act jointly (all must agree), jointly and severally (any can act alone), or jointly for some decisions and jointly and severally for others. You can also name replacement attorneys.
What is a certificate provider?
The person who confirms you understand the LPA and are making it by choice, without pressure or fraud. Under the 2007 regulations (reg 8) they must be either someone who has known you personally for at least two years, or someone with relevant professional skills such as a registered health care professional, a solicitor or barrister, or a registered social worker. They cannot be a member of your family, one of your attorneys or a member of their family, your or an attorney's business partner or employee, or the owner, manager or an employee of a care home you live in. Certificate providers must be 18 or over.
How long does LPA registration take?
GOV.UK says registration takes 8 to 10 weeks if there are no mistakes in the application, and is usually quicker if you make it and pay online. Before you register you send a notice (form LP3) to anyone you listed as a person to notify; they have 3 weeks to raise concerns with the OPG. Your attorneys cannot use the LPA until it is registered. If the OPG finds a mistake it may let you correct it and apply again within 3 months for £46.
How is an LPA different from a will?
A will takes effect when you die and deals with who inherits. An LPA works during your lifetime, letting your attorneys make decisions when you cannot, and ends automatically when you die; your executors then take over. Without an LPA, someone who wants to manage your money after you lose capacity has to apply to the Court of Protection to become your deputy.
What if someone has lost capacity without an LPA?
A relative or other person can apply to the Court of Protection to become a deputy, using form COP1 and supporting forms, and must notify the person and others connected to the application. GOV.UK fees: a £432 application fee (paid twice if applying to be both types of deputy), £266 if the court decides a hearing is needed, a £100 assessment fee for new deputies, and an annual supervision fee of £320 (general) or £35 (minimal, for some property and affairs deputies managing less than £21,000). A property and affairs deputy may also need a security bond. Deputies are supervised by the OPG and must act within the court order.
Can I revoke an LPA?
Yes, while you still have the mental capacity to decide. Send the OPG the original LPA and a signed and witnessed deed of revocation, and tell your attorneys. To remove one attorney but keep the LPA, send a partial deed of revocation. You cannot add a new attorney to an existing LPA; you would need to end it and make a new one. An LPA can also end if the Court of Protection removes an attorney. To raise a concern about an attorney, contact the OPG (0300 456 0300).