Most of us assume that if something happened and we could no longer make our own decisions, our husband, wife or children could simply step in and sort things out. It feels obvious. In reality it does not work that way, and a lasting power of attorney is what bridges that gap.

Putting one in place is one of the kindest, most practical things you can do for the people you love. Here is what it is, how it works in England and Wales, and why setting one up early matters more than people realise.

What is a lasting power of attorney?

A lasting power of attorney (LPA) is a legal document that lets you choose one or more people you trust, called your attorneys, to make decisions on your behalf if you ever become unable to make them yourself. It sits under the Mental Capacity Act 2005, the law that protects people who lose the ability to decide things for themselves.

There are two types, and most people set up both:

• Health and welfare: covers decisions about your medical care, the support you receive and where you live. It can only be used once you are no longer able to make those decisions yourself.
• Property and financial affairs: covers things like paying bills, managing your bank accounts, dealing with your pension and selling your home. With your permission, this one can be used while you still have capacity, which is helpful if, say, you are in hospital and need someone to keep things ticking over.

You can only make one while you are well

This is the part people miss. You can only set up an LPA while you still have the mental capacity to understand what you are signing. If you wait until after a stroke, a serious accident or a dementia diagnosis, it can be too late, and that is exactly when families find themselves stuck.

Why setting up an LPA early matters

An LPA cannot be used the moment you sign it. It has to be registered with the Office of the Public Guardian (OPG) first, and that takes time. The OPG asks you to allow up to 20 weeks for registration, even when there are no mistakes in the application. Part of that is a four-week waiting period required by law.

That is almost five months. If you put it off and then need it in a hurry, the document will not be ready when your family needs it most. Setting it up well ahead of time means it is registered, kept safely, and ready if it is ever needed.

What happens if you do not have one?

If you lose the ability to make decisions and there is no LPA in place, your loved ones cannot simply take over. Instead, they have to apply to the Court of Protection to be appointed as your deputy.

Compared with an LPA, deputyship is slower, more expensive and more stressful. The court application fee alone is £371, there are ongoing yearly supervision fees, the process can take several months, and a judge, rather than you, decides who is appointed. All of this lands on your family at an already difficult time, and much of it can be avoided by planning ahead.

What does an LPA cost?

The fee to register each LPA with the OPG is £92, which rose from £82 on 17 November 2025. If you set up both types, that is £184 in registration fees. If you are on a low income or receive certain benefits, you may qualify for a reduced fee or pay nothing at all.

You can apply yourself through the government's service, or ask an estate planning specialist to guide you so that it is done correctly and registered without hold-ups. Either way, the cost is small next to the time, money and worry that deputyship can bring.

A quick note on where you live

The points above apply to England and Wales. Scotland and Northern Ireland have their own separate systems for powers of attorney, so if you or your attorneys live there, the process and the forms will be different.

Where an LPA fits in your wider plans

An LPA works hand in hand with your Will. Your Will looks after your loved ones after you are gone; an LPA looks after you and your affairs while you are still here but unable to manage things yourself. Together they give you and your family proper peace of mind. You can see how an LPA fits alongside our other estate planning services on our website.

If you would like to talk through whether a lasting power of attorney is right for you and your family, you can book a free consultation with us. No pressure, just a friendly chat.

This article is general information for England and Wales, not legal or financial advice, and the rules can change. Please seek personal advice about your own circumstances.