How to Use a Lasting Power of Attorney for Care Decisions

Topic cluster: Legal & Financial Planning | Reading time: 6 min

If your parent has already set up a Lasting Power of Attorney (LPA), you may now find yourself in the position of needing to actually use it — to arrange care, liaise with councils, or make decisions on their behalf. This guide explains how to activate and use an LPA for health and care decisions in England and Wales, and what to do if one isn't in place.

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that gives a nominated person (the attorney) the authority to make decisions on behalf of someone else (the donor). There are two types:

Property and Financial Affairs LPA — covers bank accounts, bills, property, and care home fees
Health and Welfare LPA — covers medical treatment, care home placement, daily routine, and end-of-life preferences

Both must be registered with the Office of the Public Guardian (OPG) before they can be used.

Step 1: Check the LPA Is Registered

An LPA is only valid once registered. You can verify registration on the OPG's online register at gov.uk/find-someones-lpa. The document itself will have an OPG stamp and reference number.

If it hasn't been registered, your parent must register it themselves while they still have mental capacity. Registration takes around 8–20 weeks and costs £82 per LPA (fee waivers available for those on low incomes).

Step 2: Understand When You Can Act

Property and Financial Affairs LPA: Can be used as soon as it's registered, unless the document states otherwise. Your parent does not need to have lost capacity.

Health and Welfare LPA: Can only be used once your parent has lost mental capacity to make the specific decision themselves. Capacity is decision-specific — they may retain capacity for some decisions but not others.

If there is any doubt about whether someone has capacity, an assessment should be carried out under the Mental Capacity Act 2005 framework. Speak to their GP or social worker.

Step 3: Provide Certified Copies to Organisations

You will need to present the LPA to third parties — care homes, banks, local councils, NHS trusts. Most will accept a certified copy rather than the original.

How to certify a copy:

Make a photocopy of every page of the original registered LPA
The donor, a solicitor, or an OPG-authorised person must sign each page certifying it as a true copy
Keep the original safe — it cannot be replaced if lost

Organisation	What They Need
Care home	Certified copy of Health & Welfare LPA
Local council	Both LPAs if arranging funded care
Bank	Certified copy of Property & Financial Affairs LPA
NHS / GP	Certified copy of Health & Welfare LPA

Step 4: Making Care Decisions as an Attorney

Under a Health and Welfare LPA, you can make decisions about:

Which care home or care provider to use
Day-to-day care arrangements (meals, activities, routines)
Medical treatment (if specified in the LPA)
Life-sustaining treatment (only if explicitly granted)

As an attorney, you must always act in your parent's best interests, take their past wishes and values into account, and choose the least restrictive option available. You cannot override a valid advance decision (living will) your parent made before losing capacity.

Checklist for acting as attorney:

☐ I have a registered, certified copy of the LPA
☐ I understand which decisions I am authorised to make
☐ I have considered my parent's previously expressed wishes
☐ I am acting in their best interests, not my own convenience
☐ I have consulted relevant professionals where needed
☐ I am keeping a record of decisions made

What If There Is No LPA?

If your parent loses capacity without an LPA in place, no one automatically has legal authority to make decisions for them — not even a spouse or adult child. In this situation:

For financial decisions: You must apply to the Court of Protection for a Deputyship Order (£371 application fee; can take 6+ months)
For health decisions: The NHS or care home will make best-interests decisions, consulting family but not bound by their preferences

This is why establishing an LPA early — ideally while your parent is in good health — is so important. It is significantly cheaper, faster, and less stressful than deputyship.

Scotland and Northern Ireland

Scotland uses a different system:

Power of Attorney (Scotland) is granted under the Adults with Incapacity (Scotland) Act 2000
Must be registered with the Office of the Public Guardian (Scotland)
A Continuing Power of Attorney covers financial matters; a Welfare Power of Attorney covers personal welfare

Northern Ireland uses Enduring Powers of Attorney for financial matters; welfare decisions follow different legal routes. Seek local legal advice.

When Professionals Challenge Your Decisions

Sometimes care home managers or medical staff may question your authority or disagree with a decision. If this happens:

Show your certified LPA and explain your legal authority
Ask for their concerns in writing
If the dispute continues, contact the Office of the Public Guardian: 0300 456 0300
For serious disputes, the Court of Protection can adjudicate

Ready to start planning care? homeformum.com helps families find the right care home and navigate funding — with guidance every step of the way.