This information applies to Lasting Powers of Attorney in England and Wales. Scotland and Northern Ireland have different power of attorney systems.
When you care for someone, you often find yourself helping with practical things long before anyone thinks about legal paperwork.
Most of the time, this support happens naturally. You know the person, you know what matters to them, and you may already be the person everyone turns to when something needs sorting.
However, being a carer, partner, parent, adult child, friend, or next of kin does not automatically give you legal authority to make decisions for someone else if they cannot make those decisions themselves.
That is where a Lasting Power of Attorney, often called an LPA, can make a huge difference.
An LPA is a legal document that allows a person to choose one or more people they trust to help make decisions, or make decisions on their behalf, if they lose mental capacity in the future. The person making the LPA is called the donor. The person chosen to act is called the attorney.
For carers, an LPA can bring peace of mind. It can make it easier to support the person you care for with their finances, care, treatment, and everyday arrangements, while keeping their wishes at the centre.
Carers Trust Solihull has explored this in more detail through our Carers Talk podcast, speaking with Shelley Collingbourne of Sydney Mitchell Solicitors about Power of Attorney. We also have a companion episode that discusses Wills, also with Sydney Mitchell Solicitors. You can listen to both for free on all major podcast sites, YouTube, or here on our website. Please note that the YouTube/video versions include Closed Captions.
The Office of the Public Guardian reported that there were more than 9.34 million LPAs and Enduring Powers of Attorney on the register at the end of 31 March 2025, showing how common this kind of planning has become across England and Wales.
A Lasting Power of Attorney is a legal document that lets someone appoint one or more trusted people to help them make decisions, or to make decisions on their behalf, if they cannot make those decisions themselves.
GOV.UK explains that an LPA gives the donor more control over what happens if they have an illness or accident and cannot make their own decisions.
There are two important words to understand:
The word “attorney” can sound formal, but an attorney does not have to be a solicitor. They are usually someone the donor knows well and trusts, such as a partner, relative, friend, or sometimes a professional.
An LPA must be registered with the Office of the Public Guardian before it can be used.
The Office of the Public Guardian has a helpful guide that walks you through the steps of making an LPA. Read GOV.UK guidance on making an LPA.
Many carers already provide support with day-to-day decisions. You may remind someone about medication, help them speak to services, explain letters, arrange appointments, support them at hospital, or help manage household tasks.
An LPA matters because some decisions need formal legal authority.
Without the right authority, a carer may find it difficult to:
Planning ahead can prevent a great deal of stress later.
This is especially important because an LPA can only be made while the donor has mental capacity to make it. If someone has already lost the capacity to make an LPA, family or carers may need to apply to the Court of Protection instead, which can be more expensive, take longer, and involve more ongoing duties. Caring is common, but the legal authority to make decisions for someone else is not automatic. That is why understanding LPAs is so useful.
Mental capacity means being able to make a particular decision at the time it needs to be made.
The Mental Capacity Act 2005 is the law that supports decision-making for people who may not be able to make some decisions themselves. The Act is built around five key principles, which you can read more about here:
For carers, the key point is this: capacity is decision-specific and time-specific. Someone may be able to decide what they want to eat today but not able to understand a complex financial decision.
Making an LPA does not take away someone’s independence. It is a way of planning ahead while the person can still choose who they trust to make important decisions for them.
There are two types of LPA.
A person can make one type, or both.
This covers decisions about money, property and financial arrangements.
It can include things like:
This type of LPA can be used as soon as it is registered, but only if the donor gives permission while they still have capacity. The donor can also say that it should only be used if they lose capacity.
This can be useful for carers where the person they care for still has capacity but wants help with practical tasks, such as paying bills or dealing with paperwork.
This covers decisions about health, care and personal welfare.
It can include things like:
A health and welfare LPA can only be used when the donor lacks mental capacity to make the specific decision.
For carers, this can be especially important during hospital admissions, changes in care needs, dementia progression, serious illness, or end-of-life planning.
Many people choose to make both types because they cover different parts of life. A financial LPA does not give authority to make health and care decisions. A health and welfare LPA does not give authority to manage bank accounts, bills or property.
For example:
The right choice depends on the person’s circumstances. If in doubt, seek advice before applying.
To make an LPA, the donor must:
The donor does not need to live in the UK or be a British citizen, but an LPA made through the England and Wales system is legally binding in England and Wales.
No one can make an LPA on someone else’s behalf. A carer can help the person understand the forms, gather information, or access the online service, but the decision must be the donor’s own decision.
An attorney must be aged 18 or over and have mental capacity to make decisions.
They could be:
GOV.UK advises people to think carefully about whether the attorney is trustworthy, willing to act, good at managing their own affairs, and able to make decisions in the donor’s best interests.
For a property and financial affairs LPA, the attorney cannot be bankrupt or subject to a Debt Relief Order.
The donor can appoint more than one attorney. They can also appoint replacement attorneys in case the original attorney can no longer act.
If there is more than one attorney, the donor must decide how they will make decisions.
The main options are:
GOV.UK notes that attorneys appointed jointly must all agree, or they cannot make the decision. This is worth thinking about carefully, because an arrangement that sounds protective can become difficult in real life.
You can make an LPA online or using paper forms. Read GOV.UK guidance on making and registering an LPA.
The basic steps are:
The signing order matters. The Office of the Public Guardian can reject an application if the forms are not completed correctly.
The LPA must include:
The certificate provider confirms that the donor understands what they are doing, is not being pressured, and that there is no obvious fraud or concern.
Everyone must sign the same original document. Digital signatures and copied signatures cannot be used.
Once you have created your LPA, you can manage it using the portal provided through the Office of the Public Guardian, through the Office of the Public Guardian’s online service.
It can take around 8 to 10 weeks to register an LPA if there are no mistakes in the application.
The Office of the Public Guardian’s service status, updated 5 May 2026, also states that processing and registration usually takes 8 to 10 weeks, including a statutory waiting period of four weeks.
It is best not to wait until a crisis. If someone is about to move into care, has a major operation planned, is experiencing memory problems, or has a diagnosis that may affect capacity, start conversations early.
As of 13 May 2026, applying to register an LPA costs £92 per LPA.
This means:
Some people can apply for a fee reduction or exemption.
A person may be able to apply for a reduction if they earn less than £12,000. They may be able to apply for an exemption if they receive certain benefits. The relevant fee help form is available through GOV.UK and the Office of the Public Guardian.
Fees can change, so always check GOV.UK before applying.
Yes, a carer can help with practical steps if the donor wants support.
For example, a carer might:
However, the donor must make their own decision. They must not be pressured into making an LPA or choosing a particular attorney.
If family members disagree, or if there are concerns about pressure, money, safeguarding, capacity, or conflict, get professional advice.
LPA forms are detailed. Mistakes can cause delay, rejection, or extra fees.
Common issues include:
If the Office of the Public Guardian allows a correction, GOV.UK says some corrected applications can be resubmitted within three months for a reduced fee. It is still better to get it right first time.
If someone loses mental capacity and has not made an LPA, carers or family members may need to apply to the Court of Protection.
The Court of Protection can make one-off decisions or appoint a deputy to make ongoing decisions.
There are two types of deputy:
Deputyship is not the same as LPA. With an LPA, the person chooses who they trust while they still have capacity. With deputyship, the court decides whether to appoint someone after the person has lost capacity.
Deputyship can also involve higher costs. As of 14 May 2025, there is a £421 application fee, and deputies may also have to pay annual supervision fees. A property and financial affairs deputy may need to arrange a security bond.
This is one reason why planning ahead can save stress, delay and cost.
Being chosen as an attorney is a position of trust.
Attorneys must:
Attorneys must not use their position to benefit themselves or allow someone else to use the LPA to make decisions.
If there are concerns that an attorney is misusing their role, the Office of the Public Guardian can investigate.
The person you care for has arthritis and memory problems. They still understand their finances but find online banking, letters and phone calls exhausting. A property and financial affairs LPA could allow their chosen attorney to help manage bills once the LPA is registered, if the donor gives permission.
The person you care for has dementia. They are admitted to hospital and later need decisions about care at home or a care home. A health and welfare LPA can help show that the chosen attorney has authority to be involved in decisions when the person lacks capacity to make that decision.
A person suddenly loses capacity after a stroke and has no LPA. Their family may not be able to access accounts or make certain arrangements straight away. They may need to apply to the Court of Protection to become a deputy, which can take time and cost more.
Talking about LPA can feel sensitive. It can bring up worries about illness, independence, money, death, or family trust.
It may help to frame it as planning ahead, not taking over.
You could say:
The best time to talk is often before there is a crisis. Choose a calm time, allow breaks, and give the person space to think.
Before starting the form, it helps to gather:
After registration, keep the original document safe and tell attorneys where it is. For LPAs registered on or after 1 January 2016, attorneys and donors may be able to use the online “Use a lasting power of attorney” service to share a secure summary with organisations.
The Office of the Public Guardian can help with questions about making, registering or using an LPA.
GOV.UK lists the following contact details:
Carers Trust Solihull supports unpaid carers of all ages across the borough.
You can contact us:
We also run sessions and share information on topics that matter to carers, including wills, power of attorney, continuing healthcare, contingency planning, benefits, stress management, and more. Check our What’s On page, newsletter and events calendar for upcoming workshops.
For wider advice about benefits, finances, legal issues and local support, carers may also find it helpful to contact the Community Advice Hubs or Citizens Advice.
If you prefer to listen, Carers Talk has an episode on Power of Attorney with Shelley Collingbourne of Sydney Mitchell Solicitors, focusing on the questions carers often ask and the practical things to think about before making an LPA. You can find this episode of Carers Talk below. It can be a helpful companion to this guide if you want the topic explained in a conversational way.
Find more episodes of Carers Talk podcast page.
Carers Talk: Power of Attorney – Shelley Collingbourne of Sydney Mitchell Solicitors
Lasting Power of Attorney is one of those things many families only think about when they urgently need it. Unfortunately, that can be too late.
For carers, an LPA is not about taking control away from the person you care for. It is about helping them stay in control by choosing who they trust, recording their wishes, and making sure the right support is in place if life changes.
Planning ahead can feel difficult, but it can also be a kindness to everyone involved.
No. Anyone aged 18 or over with mental capacity can make an LPA. Illness, accident or loss of capacity can happen at any age.
Possibly. A dementia diagnosis does not automatically mean someone lacks capacity. The question is whether they can understand and decide about making the LPA at the time. If there is uncertainty, get professional advice.
Not automatically. Being next of kin may mean professionals contact you or involve you, but it does not automatically give legal authority to manage finances or make certain decisions.
Yes, a donor can cancel an LPA while they still have mental capacity. GOV.UK provides guidance on ending an LPA.
No. Attorneys and deputies cannot make a will for someone simply because they have an LPA or deputyship. Specialist legal advice is needed for statutory wills through the Court of Protection.
Only in limited circumstances. Attorneys must follow the rules in the LPA, the Mental Capacity Act and GOV.UK guidance. Large gifts or inheritance tax planning usually need Court of Protection authority.
Attorneys can usually claim reasonable expenses needed to carry out their role, such as postage or travel for attorney duties. They should keep receipts and records.
No. People can make an LPA using GOV.UK forms or the online service. However, legal advice can be helpful where there are complex family circumstances, property issues, conflict, business assets, concerns about capacity, or uncertainty about instructions.
GOV.UK: Make, register or end a lasting power of attorney
GOV.UK: Make a lasting power of attorney
GOV.UK: Register a lasting power of attorney
GOV.UK: Property and financial affairs LPA
GOV.UK: Health and welfare LPA
GOV.UK: LP12 Make and register your lasting power of attorney guide
Office of the Public Guardian: about our services
GOV.UK: Attorney duties overview
GOV.UK: Property and financial affairs attorney duties
GOV.UK: Health and welfare attorney duties
GOV.UK: Attorney records and duties
GOV.UK: Use a lasting power of attorney
GOV.UK: End a lasting power of attorney
Legislation.gov.uk: Mental Capacity Act 2005, section 1
GOV.UK: Mental Capacity Act Code of Practice
GOV.UK: Report a concern about an attorney, deputy or guardian
Office for National Statistics: Unpaid care, England and Wales, Census 2021
Office of the Public Guardian: Annual Report and Accounts 2024 to 2025
Citizens Advice: managing affairs for someone else
Carers Trust Solihull: About Us
Carers Trust Solihull: Podcast page
YouTube: Carers Talk Power of Attorney episode
