Lasting Power of Attorney: what it covers and why people leave it too late

A solicitor once described the call she dreads most. A daughter rings to say her father has had a stroke. He owns property, holds investment accounts, and has strong views about medical treatment. He is now unable to communicate any of them. The daughter asks what authority she has to act on his behalf. The answer, without a registered Lasting Power of Attorney in place, is very little.

That conversation happens with uncomfortable frequency. The Lasting Power of Attorney, or LPA, is not a document that announces its absence until the moment it is needed most. By then, the window to create one may have closed.

The two instruments and what each one permits

There are two distinct types of LPA in England and Wales, and they operate in entirely separate domains. Understanding the difference is not a technicality. It determines which decisions your chosen attorney can actually make.

The Property and Financial Affairs LPA covers decisions about money and assets. An attorney acting under this instrument can manage bank accounts, pay bills, collect income, sell property, and deal with investments on behalf of the donor. Crucially, it can be used while the donor still has mental capacity, if the donor wishes, which makes it useful for practical delegation during illness, travel, or periods when managing finances becomes burdensome. The donor can restrict how and when the attorney acts, or keep the scope broad.

The Health and Welfare LPA covers decisions about the person, not their estate. This includes where someone lives, what medical treatment they receive, their daily routine, and the care they are given. Critically, this type of LPA can only be used once the donor lacks the mental capacity to make a specific decision for themselves. It cannot be invoked simply because the donor is unwell or elderly. It also allows the donor to give their attorney authority to consent to, or refuse, life-sustaining treatment, though that authority must be explicitly granted within the document.

Many families hold one type but not the other. A property LPA without a health and welfare LPA leaves medical decisions unprotected. A health LPA alone gives an attorney no authority to manage a bank account or pay a care home invoice. Both instruments are usually worth having.

Registration, timing, and the cost of waiting

An LPA is not valid until it has been registered with the Office of the Public Guardian. The process involves completing the prescribed forms, naming a certificate provider who confirms the donor understands the document and is not being coerced, and notifying any people the donor has chosen to inform. The OPG then registers the document, a process that currently takes several weeks. There is a registration fee for each LPA, though reductions are available for those on low incomes. It is worth checking the current fee on Gov.uk, as figures change.

The point that catches families off guard is this: the donor must have mental capacity at the time they sign the LPA. If capacity is lost before the document is created and registered, it is too late. The family then faces the Court of Protection, which can appoint a deputy to act on behalf of the incapacitated person. That route is slower, more expensive, more uncertain, and significantly more stressful than having a registered LPA already in place.

There is also a subtler timing problem. People often assume they will deal with it later, once they are older or their health changes. But a diagnosis of early dementia, for example, can complicate the process even if capacity technically remains. The safer approach is to create and register an LPA while the donor is in good health and the process is straightforward.

Once registered, a property and financial affairs LPA should be stored somewhere it can be located and produced quickly. The original document, not a copy, is what institutions typically require. Banks, investment platforms, and property solicitors will each have their own verification procedures, and producing a clear, legible original matters. A health and welfare LPA should equally be accessible at short notice, particularly if it contains instructions about life-sustaining treatment.

Attorneys should understand what they have been appointed to do. An LPA is not simply a document held in a drawer. The person named has legal responsibilities. They must act in the donor's best interests, keep their own money separate from the donor's, and in some cases maintain records of decisions made. Families benefit from a frank conversation about the scope and expectations before anyone signs.

The paperwork itself is one part of an orderly family estate. The other part is knowing where it lives. Glenvault keeps your registered LPAs, alongside your will, your financial records, and your succession instructions, in one private place your family can reach when they need to. You can begin at glenvault.com/signup.