Why every UK adult should have an LPA
A will decides what happens to your estate after you die. A Lasting Power of Attorney decides what happens to your finances and healthcare while you are alive, if you become unable to make those decisions yourself. They are two different instruments for two different moments — and most UK adults only ever think about the first.
Without an LPA, if you lose mental capacity, your family cannot simply "take over" your bank accounts or make healthcare choices on your behalf. They must apply to the Court of Protection for a deputyship — a process that takes six to twelve months and costs over £1,200 in fees alone, on top of legal costs. An LPA put in place in advance avoids all of that.
The key trigger. An LPA must be made while you still have full mental capacity. Once capacity is lost — through dementia, stroke, accident or illness — it is too late to make one. That is why most estate planners recommend putting an LPA in place alongside your will, well before anything goes wrong.
The two types of LPA
There are two separate LPAs in England and Wales. They can be made individually or together. Most people benefit from both.
Property & Financial Affairs LPA
Covers money, banking, bills, property, investments and state benefits. Can be used either immediately (with your permission) or only from the point you lose capacity — you choose which. Useful if you want someone to help manage finances temporarily (for example while travelling) as well as permanently.
Health & Welfare LPA
Covers medical treatment, care home choices, daily routine, and life-sustaining treatment decisions. Can only be used if you lose the capacity to make the decision yourself. Essential for anyone without a spouse or partner who could otherwise advocate for them.
| Feature | Property & Finance | Health & Welfare |
|---|---|---|
| Covers bank accounts & bills | Yes | No |
| Covers medical decisions | No | Yes |
| Covers care home choices | No | Yes |
| Can be used before losing capacity | Yes (optional) | No |
| OPG registration fee | £82 | £82 |
| ClearLegacy drafting fee | £95 | £95 |
Who to appoint as your attorney
Your attorney is the person who will make decisions on your behalf. Choose carefully — you are giving them significant legal authority over your finances, or in some cases your medical care. Attorneys must be aged 18 or over and must not be bankrupt (for Property & Finance LPAs).
Most people appoint a spouse, adult child, sibling, or trusted friend. You can appoint more than one attorney, and decide whether they must act "jointly" (all agree on every decision) or "jointly and severally" (any one can act alone). Jointly and severally is more practical for day-to-day finances.
You should also appoint a replacement attorney in case your first choice is unable or unwilling to act. Many families regret not naming a replacement only when it becomes necessary.
How ClearLegacy handles your LPA
- Guided online questions. We walk you through the information the Office of the Public Guardian needs. Takes about 20 minutes per LPA.
- Expert drafting. A qualified drafter prepares the statutory LP1F (finance) or LP1H (health) form, with all restrictions, preferences, and replacement provisions correctly encoded.
- Senior review. A senior reviewer checks for common OPG rejection triggers before release.
- Signatures and certification. We provide clear instructions for you, your attorneys, and your certificate provider. We also help you find a suitable certificate provider if needed.
- OPG registration. We submit the signed LPA to the Office of the Public Guardian, pay the statutory fee on your behalf (reimbursed by you), and track it through to registration.
Why pay for a service when GOV.UK offers LPA tools for free?
GOV.UK's "Make, register or end a lasting power of attorney" service provides the forms and allows you to submit them online without paying any drafting fee — only the £82 OPG registration fee per LPA. That route is genuinely workable for some people.
The practical issue is that LPAs are commonly rejected or corrected after submission because of drafting errors: inconsistent wording, missing replacement attorneys, incorrect restriction language, signatures in the wrong order, certificate provider errors. A rejected LPA costs you another £82 and several more months of waiting. A service like ClearLegacy exists to catch those errors before submission — which, for most people, is worth the £95 drafting fee for the peace of mind and the probability of first-time registration.
When an LPA should be put in place
There is no "right age" to make an LPA. Capacity loss from accident or illness can happen at any point in adult life. The practical rule is: make one as soon as you have financial responsibilities or healthcare preferences that matter to you.
Common triggers that prompt families to put an LPA in place:
- Writing or updating a will — a natural moment to handle both at once.
- A parent or grandparent receiving a dementia diagnosis.
- Buying property jointly with a partner.
- Planning significant travel or time abroad.
- Any surgery that carries a meaningful capacity risk.