When you are arranging care for an ageing parent or relative, the conversations are rarely easy. Among the most important, and the one families most often leave too late, is putting a Lasting Power of Attorney in place. It is a simple legal step that can save an enormous amount of worry, cost and delay further down the line.
This is general information rather than legal advice, and the rules described here apply to England and Wales. For your own situation, always check the details on GOV.UK or speak to a solicitor.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney, usually shortened to LPA, is a legal document that lets your relative (the “donor”) choose one or more trusted people (their “attorneys”) to make decisions on their behalf if they later become unable to make those decisions themselves. That might happen after a stroke, a serious accident, or as a result of dementia.
The key thing to understand is that an LPA can only be set up while the person still has mental capacity, meaning they understand the decision they are making and can weigh it up. Once someone has lost capacity, it is too late, and the family has to go down a much slower and more expensive route instead. That is why this is something to sort out early, ideally well before care is on the horizon.
The two types of LPA
In England and Wales there are two separate types of LPA, and you can set up one or both. Each one is a distinct document, and each has to be completed and registered separately.
1. Health and Welfare
This lets the attorney make decisions about the donor’s day-to-day care and medical treatment. According to Age UK, that can include things like:
- Where the person lives, including a move into a care home
- Their daily routine, such as washing, dressing and what they eat
- Medical care and treatment
- Decisions about life-sustaining treatment, if the donor grants that specific power
Importantly, a Health and Welfare LPA can only be used once the donor has lost the capacity to make these decisions for themselves. While they can still decide, the choice remains entirely theirs.
2. Property and Financial Affairs
This covers money and property matters. It allows the attorney to:
- Manage bank and building society accounts
- Pay bills and care fees
- Collect a pension or benefits
- Sell the person’s home, if that becomes necessary to fund their care
Unlike the health LPA, a Property and Financial Affairs LPA can be used as soon as it is registered, with the donor’s permission, even while they still have capacity. That can be a real help if someone is physically frail but mentally sharp, and simply wants a hand managing the admin. The donor can also choose to restrict it so it only comes into effect if they lose capacity.
Why it matters to act early
Families often assume that as a spouse or next of kin they will automatically be able to step in and manage things. In reality, that is not how it works. Without a registered LPA, a bank will not let you access your relative’s account, and you cannot make care decisions on their behalf, no matter how close you are.
Setting up an LPA while your relative still has capacity means they get to choose who acts for them and to set out their own wishes. It keeps them in control of their own future, and it spares the family a stressful scramble at exactly the moment everyone is already under pressure.
Registering with the Office of the Public Guardian
An LPA is not valid until it has been registered with the Office of the Public Guardian (the OPG). You can register it as soon as it is signed and witnessed, and it is well worth doing so straight away rather than waiting until there is a crisis.
Registration currently takes around 8 to 10 weeks if there are no mistakes in the application, so it is not something you want to be starting once help is urgently needed.
What it costs and how to apply
As of June 2026, GOV.UK lists the fee to register each LPA as £92. Because the two types are separate documents, registering both will cost £184 in total. If your relative is on a low income or receives certain means-tested benefits, they may qualify for a 50% reduction or pay nothing at all, so it is worth checking whether they are eligible.
You can apply online or by post through the official service on GOV.UK. The online tool walks you through the forms step by step, and using the government service directly means you avoid the marked-up fees some private companies charge for the same thing. If your relative’s affairs are complicated, a solicitor can prepare the documents for you, which adds to the cost but can be money well spent for peace of mind.
What happens if there is no LPA?
If someone loses mental capacity without an LPA in place, the family cannot simply take over. Instead, somebody has to apply to the Court of Protection to be appointed as a “deputy”. This is the situation an LPA is designed to avoid.
Deputyship is slower, more expensive and more closely supervised than an LPA. The court application fee alone is currently £421, with a further assessment fee and an ongoing annual supervision fee on top, and the process can take many months. The court, rather than your relative, decides who is appointed. It is a workable safety net, but it is far harder than setting up an LPA in good time would have been.
A quick note on Scotland and Northern Ireland
The rules above apply to England and Wales. If your relative lives elsewhere in the UK, the system is different:
- Scotland has its own Power of Attorney, registered with the Office of the Public Guardian (Scotland). If you are looking at options around care homes in Glasgow or elsewhere in Scotland, check the Scottish guidance specifically.
- Northern Ireland currently uses an Enduring Power of Attorney, which works differently again.
Wherever your relative lives, the principle is the same. Sorting this out while they still have capacity is one of the kindest and most practical things a family can do.
Planning ahead for care
Getting the legal side in order is one piece of the puzzle. The next is finding the right care, and having an LPA in place means that when the time comes, the person you have chosen can act quickly and confidently. Whether you are comparing care homes in Leeds, weighing up care homes in London, or looking closer to home, it pays to start your research early and unhurried.
When you are ready, you can compare local care homes for free on CareFinder to see what is available in your relative’s area, all in one place.