Lasting Power of Attorney: A Guide for Families of Elderly Parents

Topic cluster: Legal & Financial Planning | Reading time: 7 min

A Lasting Power of Attorney (LPA) is one of the most important documents your parent can set up — and it must be done while they still have mental capacity. Once capacity is lost, an LPA can no longer be created, and the process becomes far more costly and complicated. This guide explains what an LPA is, the two types, and how to set one up in England and Wales.

What Is a Lasting Power of Attorney?

An LPA is a legal document that allows your parent (the 'donor') to appoint one or more trusted people (the 'attorneys') to make decisions on their behalf. The word 'Lasting' reflects the fact that the document remains valid even if the donor loses mental capacity — which is precisely when it becomes most useful.

An LPA is different from an ordinary Power of Attorney, which ceases to be valid when the donor loses capacity. For planning around elderly care, only an LPA provides the protection families need.

The Two Types of LPA

1. Property and Financial Affairs LPA Authorises the attorney(s) to manage your parent's finances and property, including:

Accessing and managing bank accounts
Paying bills and managing expenses
Buying, selling, or renting property
Managing investments and pensions
Applying for benefits on their behalf
Paying care home fees

This LPA can be used either immediately (once registered) or only when the donor loses capacity — the donor specifies this in the document.

2. Health and Welfare LPA Authorises the attorney(s) to make decisions about your parent's personal care and health, including:

Medical treatment decisions
Where they live (including moving into a care home)
Day-to-day care routines (diet, clothing, social activities)
Consent to or refusal of treatment
Life-sustaining treatment (if your parent includes this specific permission)

This LPA can only be used when the donor has lost mental capacity to make decisions themselves. It does not override your parent's own decisions while they have capacity.

Why an LPA Matters for Care Planning

Without an LPA:

Banks may freeze accounts when your parent loses capacity, leaving bills unpaid and care fees unmanageable
No one has legal authority to sell your parent's home to fund care
Decisions about where your parent lives and receives care cannot be made by the family
The only alternative is applying to the Court of Protection for a Deputyship — a process that takes many months and costs significantly more

With an LPA in place, your parent's wishes are protected and your family has the legal authority to act swiftly and confidently when the time comes.

Who Can Make an LPA?

Your parent must:

Be 18 or over
Have mental capacity at the time of signing (understand what they are agreeing to)

The LPA must be signed by the donor, the attorney(s), and a certificate provider (someone who confirms the donor understands the document and is not being pressured).

Choosing the Right Attorney(s)

An attorney holds significant power. Consider:

Trustworthiness above all else
Availability — can they respond quickly in an emergency?
Organisational ability — managing finances and medical information requires attention to detail
Understanding of your parent's values — particularly important for health and welfare decisions
Willingness — the role can be demanding; discuss it with the proposed attorney before naming them

You can appoint more than one attorney. Specify whether they must act 'jointly' (all decisions together) or 'jointly and severally' (each can act independently). Joint and several authority is more practical in most day-to-day situations.

How to Set Up an LPA

Step 1: Use the Office of the Public Guardian's online tool at gov.uk/power-of-attorney or use a solicitor

Step 2: Complete the LPA form — specifying the attorney(s), any restrictions, and preferences

Step 3: Obtain the certificate provider's signature confirming your parent's capacity and understanding

Step 4: All parties sign the LPA (in a specific order set out in the form)

Step 5: Register the LPA with the Office of the Public Guardian (OPG)

Cost: The registration fee is currently £82 per LPA in England and Wales (with fee remission available for those on low income). Solicitor fees apply if using professional help (typically £300–£800 per LPA).

Timeline: Registration typically takes 8–12 weeks. An LPA cannot be used until it is registered.

LPA in Scotland

Scotland has a different but equivalent system. A Continuing Power of Attorney covers financial and property matters; a Welfare Power of Attorney covers health and personal decisions. Both are governed by the Adults with Incapacity (Scotland) Act 2000 and registered with the Office of the Public Guardian (Scotland).

What If Your Parent Has Already Lost Capacity?

If your parent can no longer create an LPA, you will need to apply to the Court of Protection (England and Wales) for a Deputyship order. This process takes many months, costs significantly more than an LPA, and involves ongoing court supervision. It is why acting early — while your parent still has capacity — is so important.

Act while you can — an LPA is the foundation of good care planning. Use homeformum.com to find care options while you also arrange legal protections.