Almost certainly yes. A lasting power of attorney lets people you trust manage your money and health decisions if illness or age means you cannot. Without one, your family must apply to the Court of Protection, a slow, costly process. You can only make an LPA while you still have mental capacity.
The short answer
- An LPA lets people you trust manage your finances and health decisions if you cannot.
- There are two types, property & financial affairs, and health & welfare, and most people need both.
- You can only make an LPA while you still have mental capacity to do so.
For almost everyone, the honest answer is yes. A lasting power of attorney (LPA) is a legal document that lets one or more people you trust, your attorneys, step in and make decisions on your behalf if you become unable to make them yourself, whether through a stroke, dementia, an accident or the general frailty of age. It is one of the most important pieces of planning you can do, and one of the most commonly neglected. This is general information, not personal advice.
The reason it matters so much is a misconception many people hold: that a spouse or adult child can automatically manage your affairs if you fall ill. They cannot. Even a joint bank account can be frozen, and no one can access your pension, sell your home or make care decisions for you without legal authority. An LPA is what grants that authority in advance, and it sits at the heart of planning for later-life care.
The two types you can make
In England and Wales there are two distinct LPAs, and most people are wise to make both:
The two lasting powers of attorney compared
| Type of LPA | What it covers | When it can be used |
|---|---|---|
| Property & financial affairs | Bank accounts, bills, pensions, investments, buying and selling property. | As soon as it is registered, if you permit it, even before any loss of capacity. |
| Health & welfare | Medical treatment, day-to-day care, where you live, life-sustaining treatment. | Only once you have lost the mental capacity to make the decision yourself. |
You register each LPA with the Office of the Public Guardian, and there is a registration fee (currently around £82 per document in England and Wales, with reductions or exemptions for those on a low income). You can appoint more than one attorney and decide whether they must act together or can act separately, and you can name replacements in case an attorney is unable to serve.
What happens if you don’t have one
The Court of Protection is the costly fallback
If you lose capacity without an LPA, your family cannot simply take over. They must apply to the Court of Protection to be appointed as a deputy: a process that can take many months, costs far more than an LPA, and comes with ongoing supervision fees and annual reporting. All the while, bills may go unpaid and care decisions stall.
The contrast is striking. An LPA can be prepared and registered for a modest cost, once, while you are well. A deputyship application is made in a crisis, under stress, at several times the price, and leaves the court, not you, deciding who acts for you and how much freedom they have. The single most important rule is timing: you can only make an LPA while you still have mental capacity. Once capacity is lost, the door closes and the Court of Protection is the only route left.
Because of that, an LPA is not something to defer until you feel old. Capacity can be lost suddenly and at any age (a serious accident or illness does not wait for retirement) and the document simply sits unused until, and unless, it is ever needed. Putting one in place is a bit like insurance: the value is precisely in having arranged it before you know whether you will need it, and there is no downside to having one you never call upon.
Choosing the right attorneys matters just as much as making the document. They should be people you trust completely, who are willing to take on the responsibility and, ideally, are comfortable with money and paperwork. You can appoint more than one and even give them different roles, and it is sensible to talk to them beforehand so they understand your wishes about your finances, your care and your home. An attorney is legally required to act in your best interests and to follow the principles of the Mental Capacity Act, so this is a role to give thoughtfully rather than by default to the nearest relative.
Fitting the LPA into your wider plan
An LPA works best as part of a joined-up plan alongside a valid will and, often, some thought about inheritance tax. Your financial attorney will need a clear picture of your pensions, savings and property to act well, so keeping records tidy is a kindness to whoever steps in. If care later becomes likely, an attorney with proper authority can act quickly on funding decisions rather than being stuck without access to your money.
While the LPA itself is a legal document you would usually arrange through a solicitor, the financial planning around it, making sure your money is organised, your care is affordable and your estate is efficient, is where a regulated adviser helps. The free Vetted Wealth service can match you with an independently vetted, FCA-regulated specialist through care fee planning. This is information and a matching service, not personal or legal advice.
In summary
- An LPA lets people you trust manage your finances and health decisions if you cannot.
- There are two types, property & financial affairs, and health & welfare, and most people need both.
- You can only make an LPA while you still have mental capacity to do so.
- Without one, your family must apply to the Court of Protection to become a deputy, slow and costly.
- Register each LPA with the Office of the Public Guardian for a modest fee.
- An LPA is not a substitute for a will, you need both. This is information, not legal advice.
Sources and further reading
- NHS Continuing Healthcare NHS
- Paying for your own care GOV.UK
- Paying for care Age UK
Read the full guide
For the complete picture, see our in-depth guide: Lasting Power of Attorney Explained.
Speak to a vetted care fee planning specialist
This is free information, not personal advice. When you’re ready, we’ll match you with an independently vetted, FCA-regulated specialist, free, and with no obligation.
