Setting Up a Lasting Power of Attorney Now Can Protect Your Future Care in the U.K.

Losing the ability to make your own decisions can happen at any age — not just in later life. A Lasting Power of Attorney (LPA) gives someone you trust the legal authority to step in when you can't speak for yourself. It's one of the most important tools you can use to protect your health, finances, and independence.
This article is intended for those living in the United Kingdom. Legal guidance may differ if you live outside the U.K., such as in the United States and Canada. Search LTC News for "Power of Attorney."
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document. It lets you (the "donor") name one or more people (your "attorneys") to make decisions for you if you become unable to do so.
There are two types:
- Health and Welfare LPA – Covers medical treatment, care decisions, and living arrangements.
- Property and Financial Affairs LPA – Covers bank accounts, bills, benefits, pensions, and property.
Both types must be registered with the Office of the Public Guardian before being used.
"Setting up an LPA gave me peace of mind. I know someone I trust will look after my affairs if I can't," says Alan, 68, from Birmingham.
Why You Should Have an LPA
Having an LPA isn't just for older adults or people with health issues. Accidents, strokes, or sudden illness can happen without warning. If you lose mental capacity and don't have an LPA in place, your family may need to apply to the Court of Protection — a slower, more expensive legal process.
LPA vs. Court of Protection: Key Differences
Feature | Lasting Power of Attorney (LPA) | Court of Protection |
Who chooses the decision-maker? | You (the donor). | The court. |
When does it take effect? | Only if you lose mental capacity. | After you've already lost mental capacity. |
Cost to set up? | €82 per LPA (may be reduced). | Significantly higher (legal & court fees). |
Time to implement? | A few weeks after registration. | Several months, often with delays. |
Control over choice? | High - You appoint your attorney(s). | Low - Decisions made by court. |
Need for court involvement? | No - Once registered. | Yes - Full legal proceedings required. |
Common use cases? | Planned care, financial planning, future-proofing. | Urgent or crisis care decisions, no LPA in place. |
Key benefits of having an LPA:
- You stay in control by choosing who acts on your behalf.
- Your wishes guide decisions about your health, care, and money.
- You avoid legal delays in urgent situations.
- You reduce stress and conflict for your loved ones.
How to Set Up a Lasting Power of Attorney
Creating an LPA is a legal process, but it doesn't have to be complicated. Here's how it works:
- Choose your attorney(s): Pick someone you trust completely — often a partner, child, or close friend. You can name more than one person and decide if they should act together or independently.
- Complete the forms: You can do this online: Make, register, or end a lasting power of attorney: Overview - GOV.UK. You'll detail your instructions and preferences.
- Register the LPA: Send your completed forms to the Office of the Public Guardian. Registration costs £82 per LPA, but fee reductions are available in some cases.
Some people choose to work with a solicitor to ensure everything is done properly. Many law firms are available throughout the U.K., including law firms in Blackheath, which often offer fixed-fee LPA services tailored to your situation.
Real-World Impact: Why It Matters
A Health and Welfare LPA could mean your attorney decides whether you stay in your home with support or move to a care facility — based on what you'd want. Without an LPA, medical or care professionals might make those decisions without input from your loved ones.
A Property and Financial Affairs LPA helps keep bills paid, benefits managed, and homes maintained. Your family won't have to guess what you'd want or wait for court approval.
Misconceptions About LPAs
Let's clear up a few myths:
"I'm too young to need one."
Anyone over 18 can lose mental capacity. An LPA is about being prepared — not expecting the worst.
"It's too expensive."
Setting up an LPA costs less than the legal process to appoint a deputy later. And it avoids months of stress and uncertainty for your family.
"I'll lose control."
Your LPA only takes effect if you lose the ability to decide for yourself. Until then, you stay fully in control.
"We waited too long to make an LPA, and by the time Dad had dementia, it was too late. We had to go through the court. It was heartbreaking and expensive," says Priya, 45, from London.
Aging in the U.K. Peace of Mind Through Preparation
Aging in the United Kingdom brings both opportunities and challenges. People are living longer than ever, but with that comes a higher chance of needing support with health, mobility, or financial decisions later in life.
The reality is that conditions like dementia, stroke, or sudden illness can strike at any time, leaving you unable to make decisions for yourself. According to the Office for National Statistics, nearly one in seven people in the U.K. is over 75 — a number that's set to rise sharply over the next two decades.
Planning ahead gives you control over what happens if your circumstances change. Creating a Lasting Power of Attorney (LPA) ensures that someone you trust can legally make decisions for you if you lose mental capacity.
Want to make sure your family avoids tough decisions without guidance? Take these steps:
- Start the conversation now — don't wait for a crisis.
- Choose attorneys you trust.
- Register both types of LPA.
- Keep a copy with your important documents and tell your family where it is.
If you're not sure where to begin, speak to a solicitor, especially if your needs are complex. Free guidance is also available from organisations like the Alzheimer's Society and Age U.K.'s guide to power of attorney can simplify the process.
Please note: This article is for informational purposes only. Always seek legal advice from a qualified professional if you're considering a Lasting Power of Attorney or facing related issues.