A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint one or more people (attorneys) to make decisions on your behalf if you lose mental capacity. There are two types of LPA in England and Wales.
| Type | Covers | When it can be used |
|---|---|---|
| Property and Financial Affairs LPA | Bank accounts, investments, property, bills, tax returns | Immediately on registration (with donor's consent) or only when donor lacks capacity — you choose |
| Health and Welfare LPA | Medical treatment, care home decisions, day-to-day care, life-sustaining treatment | Only when the donor lacks capacity to make the decision themselves |
An LPA is not valid until it is registered with the Office of the Public Guardian (OPG). The registration process:
Fee exemption: Donors on Universal Credit, income-based JSA, ESA, Income Support, or Guarantee Credit may be eligible for a full or partial fee remission. The means test changed on 2 February 2026 — check eligibility at gov.uk/power-of-attorney/fees.
If you lose mental capacity without an LPA in place, no one has automatic authority to manage your affairs — including your spouse or children. Your family would need to apply to the Court of Protection for a deputyship order, which:
LPAs cannot be made after capacity is lost. The donor must have mental capacity when the LPA is signed. This is one of the most common misconceptions. Make your LPA now, while you have capacity — not when you might need it.
From April 2027, unspent pension funds will form part of the taxable estate for inheritance tax. Pension nominations should be reviewed alongside your LPA to ensure they remain aligned with your overall estate plan.
DocPilot's LPA templates for both Property & Financial Affairs and Health & Welfare — updated for the November 2025 OPG fee changes and the February 2026 means test update.
Browse Wills & Legal Templates →Stay Current
When the law changes we send a plain-English update. No spam, unsubscribe any time.