What is a Lasting Power of Attorney and do I need one?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust — known as an attorney — to make decisions on your behalf if you lose the mental capacity to make them yourself. Without one in place, even close family members have no automatic legal right to manage your affairs, and applying to the court for authority can be expensive and slow.
There are two types of LPA in England and Wales, which is why the question 'do I need both?' comes up so often:
**Property and Financial Affairs LPA** — covers decisions about your bank accounts, bills, property, and investments. This one can also be used while you still have capacity, if you choose.
**Health and Welfare LPA** — covers decisions about medical treatment, care arrangements, and day-to-day personal welfare. It can only be used once you have lost mental capacity.
Each LPA is a separate document and must be registered with the Office of the Public Guardian before it can be used. Many people set up both, since financial and health decisions are distinct and an attorney for one does not automatically have authority over the other.
LPAs are relevant at any adult age — capacity can be lost through accident or illness, not just in older age. They are often considered alongside writing a will, though the two documents serve different purposes: a will deals with what happens after death, while an LPA covers what happens during your lifetime if you cannot act for yourself.
A solicitor or qualified estate-planning professional can explain the options in detail and help you decide what is appropriate for your circumstances.