Lasting Power of Attorney: A Family Guide for London

Quick answer: A lasting power of attorney lets you appoint a trusted person to make decisions on your behalf if you lose mental capacity. There are two types: property and financial affairs, and health and welfare. Both must be registered with the Office of the Public Guardian before they can be used. Acting early is essential. A signed but unregistered LPA cannot be relied upon.

A lasting power of attorney is one of those legal steps many families mean to sort out later. Then life gets busy. Work, school runs, hospital appointments, and long commutes across London push it down the list.

But if illness, injury, or memory loss suddenly affects decision-making, not having an LPA in place can create stress at exactly the wrong time. Families may struggle to manage bills, speak to banks, deal with care arrangements, or make urgent health decisions. This guide explains what you need to know.

What is a lasting power of attorney?

A lasting power of attorney is a legal arrangement used in England and Wales. It allows one person, called the donor, to appoint one or more attorneys to make decisions on their behalf if they lose mental capacity.

The key point is simple: an LPA is about planning ahead. It gives legal authority to trusted people before a crisis happens.

Without an LPA, your spouse, children, or other relatives do not automatically have the right to make decisions for you. That surprises many families. A husband may not be able to deal with a bank. An adult daughter may not be able to manage care decisions for her mother in hospital. A son may not be able to handle a parent’s rent or utility bills.

The two types of LPA

There are two separate types of LPA, and many people choose to make both.

Property and financial affairs LPA

This covers money and property matters. It can allow an attorney to manage bank and savings accounts, pay bills, deal with pensions and benefits, sell or manage property, handle tax matters, and speak to utility providers and financial institutions. This type can be used once registered, with the donor’s permission, even while they still have mental capacity.

Health and welfare LPA

This covers personal welfare decisions. It can allow an attorney to decide on medical treatment, care arrangements, moving into a care home, daily routine and living arrangements, and life-sustaining treatment if the donor gives that authority. This type can only be used when the donor has lost capacity to make the relevant decision.

For most families, the best option is to put both LPAs in place. One covers financial practicalities. The other covers care and medical decisions. If you only make one, think carefully about your priorities, because the two types do very different jobs.

How to make an LPA

Step 1: Choose your attorney or attorneys

Pick people you trust completely. They should be reliable, practical, and able to make calm decisions under pressure. You also need to decide whether attorneys act jointly (they must make all decisions together), jointly and severally (they can act together or separately), or a mix depending on the decision. For many London families, jointly and severally offers more flexibility, especially where people live in different areas or juggle work and caring responsibilities.

Step 2: Choose replacement attorneys

A replacement attorney can step in if your original attorney cannot act. This is often sensible, especially for older donors.

Step 3: Complete the forms properly

The forms must be accurate and signed in the correct order. A certificate provider must confirm that the donor understands the LPA and is not under pressure. Small errors can cause rejection and delay.

Step 4: Have a proper family conversation

An LPA works best when it is supported by a clear discussion about preferences on care, managing property, or selling a home. Making an LPA is not just paperwork. It is about choosing the right people and giving clear instructions.

How to register an LPA

You cannot use an LPA until it has been registered with the Office of the Public Guardian. The signed form is sent to the OPG with the correct fee and supporting details, and there is usually a waiting period while the application is processed.

Families often assume the signed document is enough. It is not. Until registration is complete, the LPA cannot usually be used. If a parent suddenly loses capacity before registration is done, the family may face an urgent legal and practical gap.

The advice is simple: register it as soon as the LPA is signed correctly. Waiting until it is needed can create avoidable problems.

How much does an LPA cost?

The cost depends on whether you prepare it yourself or use professional help. There is a government registration fee for each LPA, and if you make both types the fee is payable twice. Possible fee reductions or exemptions exist in some cases.

Using an LPA solicitor costs more than doing it yourself, but for some families it saves time, reduces mistakes, and avoids bigger problems later. DIY may suit you if your family situation is straightforward and you are confident choosing attorneys. A solicitor is often the better choice where the donor is elderly or unwell, there are complex family dynamics, there is a business or rental property, or you want tailored advice on restrictions and guidance.

When should you use an LPA solicitor?

An LPA solicitor is especially useful where the stakes are high or the family situation is sensitive. For example, a London family may need help where a parent lives alone in Islington and one child handles most care, a father owns a buy-to-let property in Ealing, siblings disagree about future care home choices, or a donor wants one attorney for finance and another for health decisions.

A solicitor can also advise on related planning, such as wills, probate, deputyship, Court of Protection issues, and estate administration. If you are also thinking about writing a will or making arrangements for probate, it is often sensible to deal with all of these together.

Frequently asked questions

What is the difference between power of attorney and lasting power of attorney?
A lasting power of attorney is the current legal form used in England and Wales for future decision-making if capacity is lost. People often use the terms interchangeably, but LPA is the specific modern form for this purpose.

Can I make an LPA without a solicitor?
Yes. For straightforward cases, that may be fine. If there is family tension, complex assets, or concern about mistakes, an LPA solicitor is often a wise investment.

How long does it take to register an LPA?
The Office of the Public Guardian takes time to process and register an LPA. Times can vary, so do not leave it until the document is urgently needed.

Who should I appoint as my attorney?
Choose someone you trust, who is organised, calm, and likely to act in your best interests. That may be a spouse, adult child, sibling, or close friend. The best attorney is not always the nearest relative.

What happens if there is no LPA?
If no LPA exists and someone loses capacity, the family may need to apply to the Court of Protection for deputyship. That is usually slower, more expensive, and more restrictive than having an LPA in place.

A lasting power of attorney is one of the clearest ways to protect your future and reduce stress for the people closest to you. Contact Freeman Harris for personalised LPA advice suited to your circumstances.

Related: Writing a Will in London | How to Apply for Probate | Probate Solicitors London